Exhibit 10.65


AGREEMENT


Effective as of September 1, 2001


by and between


D&E SYSTEMS, INC.


and


VERIZON PENNSYLVANIA INC., 

f/k/a Bell Atlantic – Pennsylvania, Inc.


FOR THE COMMONWEALTH 

OF PENNSYLVANIA






TABLE OF CONTENTS 


	
 

 	
 

 	
 

 	
 

 	
 

 	
 

 
	
AGREEMENT 

 	
  

 	
1 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
1. 

 	
  

 	
The
Agreement 

 	
  

 	
1 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
2. 

 	
  

 	
Term and
Termination 

 	
  

 	
1 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
3. 

 	
  

 	
Glossary and
Attachments 

 	
  

 	
2 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
4. 

 	
  

 	
Applicable
Law 

 	
  

 	
2 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
5. 

 	
  

 	
Assignment 

 	
  

 	
3 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
6. 

 	
  

 	
Assurance of
Payment 

 	
  

 	
3 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
7. 

 	
  

 	
Audits 

 	
  

 	
4 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
8. 

 	
  

 	
Authorization 

 	
  

 	
5 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
9. 

 	
  

 	
Billing and
Payment; Disputed Amounts 

 	
  

 	
5 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
10. 

 	
  

 	
Confidentiality 

 	
  

 	
6 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
11. 

 	
  

 	
Counterparts 

 	
  

 	
8 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
12. 

 	
  

 	
Default 

 	
  

 	
8 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
13. 

 	
  

 	
Discontinuance
of Service by D&E 

 	
  

 	
8 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
14. 

 	
  

 	
Dispute
Resolution 

 	
  

 	
9 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
15. 

 	
  

 	
Force
Majeure 

 	
  

 	
9 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
16. 

 	
  

 	
Forecasts 

 	
  

 	
10 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
17. 

 	
  

 	
Fraud 

 	
  

 	
10 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
18. 

 	
  

 	
Good Faith
Performance 

 	
  

 	
10 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
19. 

 	
  

 	
Headings 

 	
  

 	
10 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
20. 

 	
  

 	
Indemnification 

 	
  

 	
10 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
21. 

 	
  

 	
Insurance 

 	
  

 	
12 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
22. 

 	
  

 	
Intellectual
Property 

 	
  

 	
13 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
23. 

 	
  

 	
Joint Work
Product 

 	
  

 	
14 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
24. 

 	
  

 	
Law Enforcement 

 	
  

 	
14 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
25. 

 	
  

 	
Liability 

 	
  

 	
14 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
26. 

 	
  

 	
Network
Management 

 	
  

 	
16 

 


i









	
 

 	
 

 	
 

 	
 

 	
 

 	
 

 
	
  

 	
27. 

 	
  

 	
Non-Exclusive
Remedies 

 	
  

 	
16 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
28. 

 	
  

 	
Notice of
Network Changes 

 	
  

 	
17 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
29. 

 	
  

 	
Notices 

 	
  

 	
17 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
30. 

 	
  

 	
Ordering and
Maintenance 

 	
  

 	
18 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
31. 

 	
  

 	
Performance
Standards 

 	
  

 	
18 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
32. 

 	
  

 	
Point of
Contact for D&E Customers 

 	
  

 	
19 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
33. 

 	
  

 	
Predecessor
Agreements 

 	
  

 	
19 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
34. 

 	
  

 	
Publicity
and Use of Trademarks or Service Marks 

 	
  

 	
19 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
35. 

 	
  

 	
References 

 	
  

 	
20 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
36. 

 	
  

 	
Relationship
of the Parties 

 	
  

 	
20 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
37. 

 	
  

 	
Reservation
of Rights 

 	
  

 	
21 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
38. 

 	
  

 	
Subcontractors 

 	
  

 	
21 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
39. 

 	
  

 	
Successors
and Assigns 

 	
  

 	
21 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
40. 

 	
  

 	
Survival 

 	
  

 	
21 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
41. 

 	
  

 	
Taxes 

 	
  

 	
21 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
42. 

 	
  

 	
Technology
Upgrades 

 	
  

 	
24 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
43. 

 	
  

 	
Territory 

 	
  

 	
24 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
44. 

 	
  

 	
Third Party
Beneficiaries 

 	
  

 	
24 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
45. 

 	
  

 	
251 and 271
Requirements 

 	
  

 	
24 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
46. 

 	
  

 	
252(i)
Obligations 

 	
  

 	
24 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
47. 

 	
  

 	
Use of
Service 

 	
  

 	
25 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
48. 

 	
  

 	
Waiver 

 	
  

 	
25 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
49. 

 	
  

 	
Warranties 

 	
  

 	
25 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
50. 

 	
  

 	
Withdrawal
of Services 

 	
  

 	
25 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
GLOSSARY 

 	
  

 	
28 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
1. 

 	
  

 	
General Rule 

 	
  

 	
28 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
2. 

 	
  

 	
Definitions 

 	
  

 	
28 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
ADDITIONAL
SERVICES ATTACHMENT 

 	
  

 	
42 

 


ii









	
 

 	
 

 	
 

 	
 

 	
 

 	
 

 
	
  

 	
1. 

 	
  

 	
Alternate
Billed Calls 

 	
  

 	
42 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
2. 

 	
  

 	
Dialing
Parity - Section 251(b)(3) 

 	
  

 	
42 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
3. 

 	
  

 	
Directory
Assistance (DA) and Operator Services 

 	
  

 	
42 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
4. 

 	
  

 	
Directory
Listing and Directory Distribution 

 	
  

 	
42 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
5. 

 	
  

 	
Information
Services Traffic 

 	
  

 	
44 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
6. 

 	
  

 	
Intercept
and Referral Announcements 

 	
  

 	
45 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
7. 

 	
  

 	
Originating
Line Number Screening (OLNS) 

 	
  

 	
46 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
8. 

 	
  

 	
Operations
Support Systems (OSS) 

 	
  

 	
46 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
9. 

 	
  

 	
Poles,
Ducts, Conduits and Rights-of-Way 

 	
  

 	
52 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
10. 

 	
  

 	
Telephone
Numbers 

 	
  

 	
52 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
INTERCONNECTION
ATTACHMENT 

 	
  

 	
54 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
1. 

 	
  

 	
General 

 	
  

 	
54 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
2. 

 	
  

 	
Points of
Interconnection (POI) and Trunk Types 

 	
  

 	
54 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
3. 

 	
  

 	
Alternative
Interconnection Arrangements 

 	
  

 	
59 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
4. 

 	
  

 	
Initiating
Interconnection 

 	
  

 	
59 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
5. 

 	
  

 	
Transmission
and Routing of Telephone Exchange Service Traffic 

 	
  

 	
59 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
6. 

 	
  

 	
Traffic
Measurement and Billing over Interconnection Trunks 

 	
  

 	
60 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
7. 

 	
  

 	
Reciprocal
Compensation Arrangements Pursuant to Section 251(b)(5) of the Act 

 	
  

 	
61 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
8. 

 	
  

 	
Other Types
of Traffic 

 	
  

 	
64 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
9. 

 	
  

 	
Transmission
and Routing of Exchange Access Traffic 

 	
  

 	
65 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
10. 

 	
  

 	
Meet-Point
Billing Arrangements 

 	
  

 	
66 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
11. 

 	
  

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

 	
  

 	
69 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
12. 

 	
  

 	
Tandem
Transit Traffic 

 	
  

 	
70 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
13. 

 	
  

 	
Number
Resources, Rate Centers and Routing Points 

 	
  

 	
71 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
14. 

 	
  

 	
Joint
Network Implementation and Grooming Process; and Installation, Maintenance,
Testing and Repair 

 	
  

 	
72 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
15. 

 	
  

 	
Number
Portability - Section 251(B)(2) 

 	
  

 	
74 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
RESALE
ATTACHMENT 

 	
  

 	
78 

 


iii









	
 

 	
 

 	
 

 	
 

 	
 

 	
 

 
	
  

 	
1. 

 	
  

 	
General 

 	
  

 	
78 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
2. 

 	
  

 	
Use of
Verizon Telecommunications Services 

 	
  

 	
78 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
3. 

 	
  

 	
Availability
of Verizon Telecommunications Services 

 	
  

 	
79 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
4. 

 	
  

 	
Responsibility
for Charges 

 	
  

 	
79 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
5. 

 	
  

 	
Operations
Matters 

 	
  

 	
79 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
UNBUNDLED
NETWORK ELEMENTS (UNEs) ATTACHMENT 

 	
  

 	
81 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
1. 

 	
  

 	
General 

 	
  

 	
81 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
2. 

 	
  

 	
Verizon’s
Provision of UNEs 

 	
  

 	
82 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
3. 

 	
  

 	
Loop Transmission
Types 

 	
  

 	
83 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
4. 

 	
  

 	
Line Sharing 

 	
  

 	
89 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
5. 

 	
  

 	
Line
Splitting 

 	
  

 	
95 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
6. 

 	
  

 	
Sub-Loop 

 	
  

 	
95 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
7. 

 	
  

 	
Inside Wire 

 	
  

 	
98 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
8. 

 	
  

 	
Dark Fiber 

 	
  

 	
99 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
9. 

 	
  

 	
Network
Interface Device 

 	
  

 	
102 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
10. 

 	
  

 	
Unbundled
Switching Elements 

 	
  

 	
103 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
11. 

 	
  

 	
Unbundled
Interoffice Facilities 

 	
  

 	
104 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
12. 

 	
  

 	
Signaling
Networks and Call-Related Databases 

 	
  

 	
104 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
13. 

 	
  

 	
Operations
Support Systems 

 	
  

 	
106 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
14. 

 	
  

 	
Availability
of Other UNEs on an Unbundled Basis 

 	
  

 	
106 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
15. 

 	
  

 	
Maintenance
of UNEs 

 	
  

 	
107 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
16. 

 	
  

 	
Rates and
Charges 

 	
  

 	
108 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
17. 

 	
  

 	
Combinations 

 	
  

 	
108 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
COLLOCATION
ATTACHMENT 

 	
  

 	
109 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
1. 

 	
  

 	
Verizon’s
Provision of Collocation 

 	
  

 	
109 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
2. 

 	
  

 	
D&E’s
Provision of Collocation 

 	
  

 	
109 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
911
ATTACHMENT 

 	
  

 	
110 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
1. 

 	
  

 	
911/E-911
Arrangements 

 	
  

 	
110 

 


iv









	
 

 	
 

 	
 

 	
 

 	
 

 	
 

 
	
  

 	
2. 

 	
  

 	
Electronic
Interface 

 	
  

 	
110 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
3. 

 	
  

 	
911
Interconnection 

 	
  

 	
111 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
4. 

 	
  

 	
911
Facilities 

 	
  

 	
111 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
5. 

 	
  

 	
Local Number
Portability for use with 911 

 	
  

 	
111 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
6. 

 	
  

 	
PSAP
Coordination 

 	
  

 	
111 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
7. 

 	
  

 	
911
Compensation 

 	
  

 	
111 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
8. 

 	
  

 	
911 Rules
and Regulations 

 	
  

 	
111 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
PRICING
ATTACHMENT 

 	
  

 	
112 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
1. 

 	
  

 	
General 

 	
  

 	
112 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
2. 

 	
  

 	
Verizon
Telecommunications Services Provided to D&E for Resale Pursuant to the Resale
Attachment 

 	
  

 	
112 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
3. 

 	
  

 	
D&E
Prices 

 	
  

 	
114 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
4. 

 	
  

 	
Section 271 

 	
  

 	
114 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
5. 

 	
  

 	
Regulatory
Review of Prices 

 	
  

 	
114 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
APPENDIX A
TO THE PRICING ATTACHMENT 

 	
  

 	
115 

 


v






AGREEMENT


PREFACE


This Agreement (“Agreement”) is effective as of September 1, 2001 (the
“Effective Date”), between D&E Systems, Inc., (D&E), a corporation
organized under the laws of the State of Delaware, with offices at 124 East
Main Street, P.O. Box 458, Ephrata, Pennsylvania 17522-0458 and Verizon
Pennsylvania Inc., f/k/a Bell Atlantic – Pennsylvania, Inc. (“Verizon”), a
corporation organized under the laws of the Commonwealth of Pennysylvania with
offices at 1717 Arch Street, Philadelphia, Pennsylvania 19103. 


In consideration of the mutual promises contained in this Agreement,
and intending to be legally bound, Verizon and D&E hereby agree as follows:



	
  

 	
  

 	
  

 
	
 1.

 	
 The
 Agreement

 
	
  

 	
  

 	
  

 
	
  

 	
 1.1

 	
 This Agreement
 includes: (a) the Principal Document; (b) the Tariffs of each Party
 applicable to the Services that are offered for sale by it in the Principal
 Document (which Tariffs are incorporated and made a part hereof this
 Agreement by reference); and, (c) an Order by a Party that has been accepted
 by the other Party. 

 
	
  

 	
  

 	
  

 
	
  

 	
 1.2

 	
 Conflicts among
 provisions in the Principal Document, Tariffs, and an Order by a Party which
 has been accepted by the other Party, 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 Principal Document; (b) the
 Tariffs; and, (c) an Order by a Party that has been accepted by the other
 Party. The fact that a provision appears in the Principal Document but not in
 a Tariff, or in a Tariff but not in the Principal Document, shall not be
 interpreted as, or deemed grounds for finding, a conflict for the purposes of
 this Section 1.2. 

 
	
  

 	
  

 	
  

 
	
  

 	
 1.3

 	
 This Agreement
 constitutes the entire agreement between the Parties on the subject matter
 hereof, and supersedes any prior or contemporaneous agreement, understanding,
 or representation, on the subject matter hereof. Except as otherwise
 provisioned in the Principal Document, the Principal Document may not be
 waived or modified except by a written document that is signed by the
 Parties. Subject to the requirements of Applicable Law, a Party shall have
 the right to add, modify, or withdraw, its Tariff(s) at any time, without the
 consent of, or notice to, the other Party. 

 
	
  

 	
  

 	
  

 
	
 2.

 	
 Term
 and Termination

 
	
  

 	
  

 	
  

 
	
  

 	
 2.1

 	
 This Agreement
 shall be effective as of the Effective Date and, unless cancelled or
 terminated earlier in accordance with the terms hereof, shall continue in
 effect until September 1, 2003 (the “Initial Term”). Thereafter, this
 Agreement shall continue in force and effect unless and until cancelled or
 terminated as provided in this Agreement. 

 
	
  

 	
  

 	
  

 
	
  

 	
 2.2

 	
 Either D&E 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 in
 advance of the date of termination. 

 
	
  

 	
  

 	
  

 
	
  

 	
 2.3

 	
 If either D&E
 or Verizon provides notice of termination pursuant to Section 2.2 and on or
 before the proposed date of termination either D&E or Verizon has 

 


1









	
  

 	
  

 	
  

 
	
  

 	
  

 	
 requested
 negotiation of a new interconnection agreement, unless this Agreement is
 cancelled or terminated earlier in accordance with the terms hereof
 (including, but not limited to, pursuant to Section 12), this Agreement shall
 remain in effect until the earlier of: (a) the effective date of a new
 interconnection agreement between D&E and Verizon; or, (b) the date one
 (1) year after the proposed date of termination.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.4

 	
 If either D&E
 or Verizon provides notice of termination pursuant to Section 2.2 and by
 11:59 PM Eastern Time on the proposed date of termination neither D&E nor
 Verizon has requested negotiation of a new interconnection agreement, (a)
 this Agreement will terminate at 11:59 PM Eastern Time on the proposed date
 of termination, and (b) the Services being provided under this Agreement at
 the time of termination will be terminated, except to the extent that the
 Purchasing Party has requested that such Services continue to be provided
 pursuant to an applicable Tariff or SGAT. 

 
	
  

 	
  

 	
  

 
	
 3.

 	
 Glossary
 and Attachments 

 
	
  

 	
  

 	
  

 
	
  

 	
 The Glossary and
 the following Attachments are a part of this Agreement:

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Additional
 Services Attachment 

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Interconnection
 Attachment 

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Resale Attachment 

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 UNE Attachment 

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Collocation
 Attachment 

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 911 Attachment 

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Pricing Attachment
 

 
	
  

 	
  

 	
  

 
	
 4.

 	
 Applicable
 Law 

 
	
  

 	
  

 	
  

 
	
  

 	
 4.1

 	
 The construction,
 interpretation and performance of this Agreement shall be governed by (a) the
 laws of the United States of America and (b) the laws of the Commonwealth of
 Pennsylvania, without regard to its conflicts of laws rules. All disputes
 relating to this Agreement shall be resolved through the application of such
 laws. 

 
	
  

 	
  

 	
  

 
	
  

 	
 4.2

 	
 Each Party shall
 remain in compliance with Applicable Law in the course of performing this
 Agreement. 

 
	
  

 	
  

 	
  

 
	
  

 	
 4.3

 	
 Neither Party
 shall be liable for any delay or failure in performance by it that results
 from requirements of Applicable Law, or acts or failures to act of any
 governmental entity or official. 

 
	
  

 	
  

 	
  

 
	
  

 	
 4.4

 	
 Each Party shall
 promptly notify the other Party in writing of any governmental action that
 limits, suspends, cancels, withdraws, or otherwise materially affects, the
 notifying Party’s ability to perform its obligations under this Agreement. 

 
	
  

 	
  

 	
  

 
	
  

 	
 4.5

 	
 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 

 


2









	
  

 	
  

 	
  

 
	
  

 	
  

 	
 obligations of a
 Party 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.

 
	
  

 	
  

 	
  

 
	
  

 	
 4.6

 	
 If any
 legislative, regulatory, judicial or other governmental decision, order,
 determination or action, or any change in Applicable Law, materially affects
 any material provision of this Agreement, the rights or obligations of a
 Party 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. 

 
	
  

 	
  

 	
  

 
	
  

 	
 4.7

 	
 Notwithstanding
 anything in this Agreement to the contrary, if, as a result of any
 legislative, judicial, regulatory or other governmental decision, order,
 determination or action, or any change in Applicable Law, Verizon is not
 required by Applicable Law to provide any Service, payment or benefit,
 otherwise required to be provided to D&E hereunder, then Verizon may
 discontinue the provision of any such Service, payment or benefit, and
 D&E shall reimburse Verizon for any payment previously made by Verizon to
 D&E that was not required by Applicable Law. Verizon will provide thirty
 (30) days prior written notice to D&E of any such discontinuance of a
 Service, unless a different notice period or different conditions are
 specified in this Agreement (including, but not limited to, in an applicable
 Tariff) or Applicable Law for termination of such Service in which event such
 specified period and/or conditions shall apply. 

 
	
  

 	
  

 	
  

 
	
 5.

 	
 Assignment
 

 
	
  

 	
  

 	
  

 
	
  

 	
 Neither Party may
 assign this Agreement or any right or interest under this Agreement, nor
 delegate any obligation under this Agreement, without the prior written
 consent of the other Party, which consent shall not be unreasonably withheld,
 conditioned or delayed. Any attempted assignment or delegation in violation
 of this Section 5 shall be void and ineffective and constitute default of
 this Agreement.

 
	
  

 	
  

 	
  

 
	
 6.

 	
 Assurance
 of Payment 

 
	
  

 	
  

 	
  

 
	
  

 	
 6.1

 	
 Upon request by
 Verizon, D&E shall provide to Verizon adequate assurance of payment of
 amounts due (or to become due) to Verizon hereunder. 

 
	
  

 	
  

 	
  

 
	
  

 	
 6.2

 	
 Assurance of
 payment of charges may be requested by Verizon if D&E (a) in Verizon’s
 reasonable judgment, at the Effective Date or at any time thereafter, does
 not have established credit with Verizon, (b) in Verizon’s reasonable
 judgment, at the Effective Date or at any time thereafter, is unable to
 demonstrate that it is creditworthy, (c) fails to timely pay a bill rendered
 to D&E by 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,
 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. 

 
	
  

 	
  

 	
  

 
	
  

 	
 6.3

 	
 Unless otherwise
 agreed by the Parties, the assurance of payment shall, at Verizon’s option,
 consist of (a) a cash security deposit in U.S. dollars held by Verizon or (b)
 an unconditional, irrevocable standby letter of credit naming 

 


3









	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Verizon as the
 beneficiary thereof and otherwise in form and substance satisfactory to
 Verizon from a financial institution acceptable to Verizon. The cash security
 deposit or letter of credit shall be in an amount equal to two (2) months
 anticipated charges (including, but not limited to, both recurring and
 non-recurring charges), as reasonably determined by Verizon, for the Services
 to be provided by Verizon to D&E in connection with this Agreement.

 
	
  

 	
  

 	
  

 
	
  

 	
 6.4

 	
 To the extent that
 Verizon elects to require a cash deposit, the Parties intend that the
 provision of such deposit shall constitute the grant of a security interest
 in the deposit pursuant to Article 9 of the Uniform Commercial Code as in
 effect in any relevant jurisdiction. 

 
	
  

 	
  

 	
  

 
	
  

 	
 6.5

 	
 If payment of
 interest on a cash deposit is required by an applicable Verizon Tariff or by
 Applicable Law, interest will be paid on any such cash deposit held by
 Verizon at the higher of the interest rate stated in such Tariff or the
 interest rate required by Applicable Law. 

 
	
  

 	
  

 	
  

 
	
  

 	
 6.6

 	
 Verizon may (but
 is not obligated to) draw on the letter of credit or cash deposit, as
 applicable, upon notice to D&E in respect of any amounts to be paid by
 D&E hereunder that are not paid within thirty (30) days of the date that
 payment of such amounts is required by this Agreement. 

 
	
  

 	
  

 	
  

 
	
  

 	
 6.7

 	
 If Verizon draws
 on the letter of credit or cash deposit, upon request by Verizon, D&E
 shall provide a replacement or supplemental letter of credit or cash deposit
 conforming to the requirements of Section 6.2. 

 
	
  

 	
  

 	
  

 
	
  

 	
 6.8

 	
 Notwithstanding
 anything else set forth in this Agreement, if Verizon makes a request for
 assurance of payment in accordance with the terms of this Section, then
 Verizon shall have no obligation thereafter to perform under this Agreement
 until such time as D&E has provided Verizon with such assurance of
 payment. 

 
	
  

 	
  

 	
  

 
	
  

 	
 6.9

 	
 The fact that a
 deposit or a letter of credit is requested by Verizon hereunder shall in no
 way relieve D&E from compliance with the requirements of this Agreement
 (including, but not limited to, any applicable Tariffs) as to advance
 payments and payment for Services, nor constitute a waiver or modification of
 the terms herein pertaining to the discontinuance of Services for nonpayment
 of any amounts payment of which is required by this Agreement. 

 
	
  

 	
  

 	
  

 
	
 7.

 	
 Audits
 

 
	
  

 	
  

 	
  

 
	
  

 	
 7.1

 	
 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. 

 
	
  

 	
  

 	
  

 
	
  

 	
 7.2

 	
 The audit shall be
 performed by independent certified public accountants selected and paid by
 the Auditing Party. The accountants 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 

 


4









	
  

 	
  

 	
  

 
	
  

 	
  

 	
 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.

 
	
  

 	
  

 	
  

 
	
  

 	
 7.3

 	
 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. 

 
	
  

 	
  

 	
  

 
	
  

 	
 7.4

 	
 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. 

 
	
  

 	
  

 	
  

 
	
 8.

 	
 Authorization
 

 
	
  

 	
  

 	
  

 
	
  

 	
 8.1

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

 
	
  

 	
  

 	
  

 
	
  

 	
 8.2

 	
 D&E represents
 and warrants that it is a corporation duly organized in the State of
 Delaware, validly existing and in good standing under the laws of the
 Commonwealth of Pennsylvania, and operating under a Certificate of Public
 Necessity and Convenience issued by the PA Public Utility Commission, with
 offices at 124 East Main Street, Ephrata, PA 17522, and has full power and
 authority to execute and deliver this Agreement and to perform its
 obligations under this Agreement. 

 
	
  

 	
  

 	
  

 
	
  

 	
 8.3

 	
 D&E
 Certification 

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Notwithstanding
 any other provision of this Agreement, Verizon shall have no obligation to
 perform under this Agreement until such time as D&E has obtained such FCC
 and Commission authorization as may be required by Applicable Law for
 conducting business in Pennsylvania. D&E shall not place any orders under
 this Agreement until it has obtained such authorization. D&E shall
 provide proof of such authorization to Verizon upon request.

 
	
  

 	
  

 	
  

 
	
 9.

 	
 Billing
 and Payment; Disputed Amounts 

 
	
  

 	
  

 	
  

 
	
  

 	
 9.1

 	
 Except as
 otherwise provided in this Agreement, each Party shall submit to the other
 Party on a monthly basis in an itemized form, statement(s) of charges
 incurred by the other Party under this Agreement. 

 
	
  

 	
  

 	
  

 
	
  

 	
 9.2

 	
 Except as
 otherwise provided in this Agreement, payment of amounts billed for Services
 provided under this Agreement, whether billed on a monthly basis or as
 otherwise provided in this Agreement, shall be due, in immediately available
 U.S. funds, on the later of the following dates (the “Due Date”): (a) the due
 date specified on the billing Party’s statement; or, (b) twenty (20) days
 after the date the statement is received by the billed Party. Payments shall
 be transmitted by electronic funds transfer. 

 
	
  

 	
  

 	
  

 
	
  

 	
 9.3

 	
 If any portion of
 an amount billed by a Party under this Agreement is subject to a good faith
 dispute between the Parties, the billed Party shall give notice to the
 billing Party of the amounts it disputes (“Disputed Amounts”) and include in
 such notice the specific details and reasons for disputing each item. A Party
 may also 

 


5









	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 dispute
 prospectively with a single notice a class of charges that it disputes.
 Notice of a dispute may be given by a Party at any time, either before or
 after an amount is paid, and a Party’s payment of an amount shall not
 constitute a waiver of such Party’s right to subsequently dispute its
 obligation to pay such amount or to seek a refund of any amount paid. The
 billed Party shall pay by the Due Date all undisputed amounts. Billing
 disputes shall be subject to the terms of Section 14, Dispute Resolution.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 9.4

 	
 Charges due to the
 billing Party that are not paid by the Due Date, shall be subject to a late
 payment charge. The late payment charge shall be in an amount specified by
 the billing Party which shall not exceed a rate of one-and-one-half percent
 (1.5%) of the overdue amount (including any unpaid previously billed late
 payment charges) per month. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 9.5

 	
 Although it is the
 intent of both Parties to submit timely 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. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 10.

 	
 Confidentiality
 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 10.1

 	
 As used in this
 Section 10, “Confidential Information” means the following information that
 is disclosed by one Party (“Disclosing Party”) to the other Party (“Receiving
 Party”) in connection with, or anticipation of, this Agreement: 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 10.1.1

 	
 Books, records,
 documents and other information disclosed in an audit pursuant to Section 7; 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 10.1.2

 	
 Any forecasting
 information provided pursuant to this Agreement. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 10.1.3

 	
 Customer
 Information (except to the extent that (a) the Customer information is
 published in a directory, (b) the Customer information is disclosed through
 or in the course of furnishing a Telecommunications Service, such as a
 Directory Assistance Service, Operator Service, Caller ID or similar service,
 or LIDB service, or, (c) the Customer to whom the Customer Information is
 related has authorized the Receiving Party to use and/or disclose the
 Customer Information); 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 10.1.3.1

 	
 information
 related to specific facilities or equipment (including, but not limited to,
 cable and pair information); 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 10.1.3.2

 	
 any information
 that is in written, graphic, electromagnetic, or other tangible form, and
 marked at the time of disclosure as “Confidential” or “Proprietary;” and 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 10.1.3.3

 	
 any information
 that is communicated orally or visually and declared to the Receiving Party
 at the time of disclosure, and by written notice with a statement of the
 information given to the Receiving Party within ten (10) days after
 disclosure, to be “Confidential or “Proprietary”. 

 


6









	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
Notwithstanding
any other provision of this Agreement, a Party shall have the right to refuse
to accept receipt of information which the other Party has identified as
Confidential Information pursuant to Sections 10.1.3.1 or 10.1.3.2.  

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
10.2 

 	
Except as
otherwise provided in this Agreement, the Receiving Party shall:  

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
10.2.1 

 	
use the
Confidential Information received from the Disclosing Party only in
performance of this Agreement; and,  

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
10.2.2 

 	
using the
same degree of care that it uses with similar confidential information of its
own (but in no case a degree of care that is less than commercially
reasonable), hold Confidential Information received from the Disclosing Party
in confidence and restrict disclosure of the Confidential Information solely
to those of the Receiving Party’s Affiliates and the directors, officers,
employees, Agents and contractors of the Receiving Party and the Receiving
Party’s Affiliates, that have a need to receive such Confidential Information
in order to perform the Receiving Party’s obligations under this Agreement.
The Receiving Party’s Affiliates and the directors, officers, employees,
Agents and contractors of the Receiving Party and the Receiving Party’s
Affiliates, shall be required by the Receiving Party to comply with the
provisions of this Section 10 in the same manner as the Receiving Party. The
Receiving Party shall be liable for any failure of the Receiving Party’s
Affiliates or the directors, officers, employees, Agents or contractors of
the Receiving Party or the Receiving Party’s Affiliates, to comply with the
provisions of this Section 10.  

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
10.3 

 	
The
Receiving Party shall return or destroy all Confidential Information received
from the Disclosing Party, including any copies made by the Receiving Party,
within thirty (30) days after a written request by the Disclosing Party is
delivered to the Receiving Party, except for (a) Confidential Information
that the Receiving Party reasonably requires to perform its obligations under
this Agreement, and (b) one copy for archival purposes only.  

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
10.4 

 	
Unless
otherwise agreed, the obligations of Sections 10.2 and 10.3 do not apply to
information that:  

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
10.4.1 

 	
was, at the
time of receipt, already in the possession of or known to the Receiving Party
free of any obligation of confidentiality and restriction on use;  

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
10.4.2 

 	
is or
becomes publicly available or known through no wrongful act of 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;  

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
10.4.3 

 	
is
rightfully received from a third person having no direct or indirect
obligation of confidentiality or restriction on use to the Disclosing Party
with respect to such information;  

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
10.4.4 

 	
is
independently developed by the Receiving Party;  

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
10.4.5 

 	
is approved
for disclosure or use by written authorization of the Disclosing Party
(including, but not limited to, in this Agreement); or  

 


7 









	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
10.4.6 

 	
is required
to be disclosed by the Receiving Party pursuant to Applicable Law, provided
that the Receiving Party shall have made commercially reasonable efforts to
give adequate notice of the requirement to the Disclosing Party in order to
enable the Disclosing Party to seek protective arrangements.  

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
10.5 

 	
Notwithstanding
the provisions of Sections 10.1 through 10.4, the Receiving Party may use and
disclose Confidential Information received from the Disclosing Party to the
extent necessary to enforce the Receiving Party’s rights under this Agreement
or Applicable Law. In making any such disclosure, the Receiving Party shall
make reasonable efforts to preserve the confidentiality and restrict the use
of the Confidential Information while it is in the possession of any person
to whom it is disclosed, including, but not limited to, by requesting any
governmental entity to whom the Confidential Information is disclosed to
treat it as confidential and restrict its use to purposes related to the proceeding
pending before it.  

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
10.6 

 	
The
Disclosing Party shall retain all of the Disclosing Party’s right, title and
interest in any Confidential Information disclosed by the Disclosing Party to
the Receiving Party. Except as otherwise expressly provided in this
Agreement, no license is granted by this Agreement with respect to any
Confidential Information (including, but not limited to, under any patent,
trademark or copyright), nor is any such license to be implied solely by
virtue of the disclosure of Confidential Information.  

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
10.7 

 	
The
provisions of this Section 10 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 a Party of any right
with regard to the use, or protection of the confidentiality of, CPNI
provided by Applicable Law.  

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
10.8 

 	
Each Party’s
obligations under this Section 10 shall survive expiration, cancellation or
termination of this Agreement.  

 
	
  

 	
  

 	
  

 	
  

 
	
11. 

 	
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.  

 
	
  

 	
  

 	
  

 	
  

 
	
12. 

 	
Default  

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
If either
Party (“Defaulting Party”) fails to make a payment required by this Agreement
(including, but not limited to, any payment required by Section 9.3 of
undisputed amounts to the billing Party) or materially breaches any other
material provision of this Agreement, and such failure or breach continues
for thirty (30) days after written notice thereof from the other Party, the
other Party may, by written notice to the Defaulting Party, (a) suspend the
provision of any or all Services hereunder, or (b) cancel this Agreement and
terminate the provision of all Services hereunder.  

 
	
  

 	
  

 	
  

 	
  

 
	
13. 

 	
Discontinuance of Service by D&E  

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
13.1 

 	
If D&E
proposes to discontinue, or actually discontinues, its provision of service
to all or substantially all of its Customers, whether voluntarily, as a
result of bankruptcy, or for any other reason, D&E shall send written
notice of such discontinuance to Verizon, the Commission, and each of
D&E’s Customers.  

 


8 









	
  

 	
  

 	
  

 
	
  

 	
  

 	
D&E
shall provide such notice such number of days in advance of discontinuance of
its service as shall be required by Applicable Law. Unless the period for
advance notice of discontinuance of service required by Applicable Law is
more than thirty (30) days, to the extent commercially feasible, D&E
shall send such notice at least thirty (30) days prior to its discontinuance
of service.  

 
	
  

 	
  

 	
  

 
	
  

 	
13.2 

 	
Such notice
must advise each D&E Customer that unless action is taken by the D&E
Customer to switch to a different carrier prior to D&E’s proposed
discontinuance of service, the D&E Customer will be without the service
provided by D&E to the D&E Customer.  

 
	
  

 	
  

 	
  

 
	
  

 	
13.3 

 	
Should a
D&E Customer subsequently become a Verizon Customer, D&E shall
provide Verizon with all information necessary for Verizon to establish
service for the D&E Customer, including, but not limited to, the CLEC
Customer’s billed name, listed name, service address, and billing address,
and the services being provided to the D&E Customer.  

 
	
  

 	
  

 	
  

 
	
  

 	
13.4 

 	
Nothing in
this Section 13 shall limit Verizon’s right to cancel or terminate this Agreement
or suspend provision of Services under this Agreement.  

 
	
  

 	
  

 	
  

 
	
14. 

 	
Dispute Resolution  

 
	
  

 	
  

 	
  

 
	
  

 	
14.1 

 	
Except as
otherwise provided in this Agreement, any dispute between the Parties
regarding the interpretation or enforcement of this Agreement or any of its
terms shall be addressed by good faith negotiation between the Parties. To
initiate such negotiation, a Party must provide to the other Party written
notice of the dispute that includes both a detailed description of the
dispute or alleged nonperformance and the name of an individual who will
serve as the initiating Party’s representative in the negotiation. The other
Party shall have ten business days to designate its own representative in the
negotiation. The Parties’ representatives shall meet at least once within 45
days after the date of the initiating Party’s written notice in an attempt to
reach a good faith resolution of the dispute. Upon agreement, the Parties’
representatives may utilize other alternative dispute resolution procedures
such as private mediation to assist in the negotiations.  

 
	
  

 	
  

 	
  

 
	
  

 	
14.2 

 	
If the
Parties have been unable to resolve the dispute within 45 days of the date of
the initiating Party’s written notice, 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.  

 
	
  

 	
  

 	
  

 
	
15. 

 	
Force Majeure  

 
	
  

 	
  

 	
  

 
	
  

 	
15.1 

 	
Neither
Party shall be responsible for any delay or failure in performance by it
which results from causes beyond its reasonable control (“Force Majeure
Events”), whether or not foreseeable by such Party. Such Force Majeure Events
include, but are not limited to, adverse weather conditions, flood, fire,
explosion, earthquake, volcanic action, power failure, embargo, boycott, war,
revolution, civil commotion, act of public enemies, labor unrest (including,
but not limited to, strikes, work stoppages, slowdowns, picketing or
boycotts), inability to obtain equipment, parts, software or repairs thereof,
acts or omissions of the other Party, and acts of God.  

 


9 









	
  

 	
  

 	
  

 
	
  

 	
15.2 

 	
If a Force
Majeure Event occurs, the non-performing Party shall give prompt notification
of its inability to perform to the other Party. During the period that the
non-performing Party is unable to perform, the other Party shall also be
excused from performance of its obligations to the extent such obligations
are reciprocal to, or depend upon, the performance of the non-performing
Party that has been prevented by the Force Majeure Event. The non-performing
Party shall use commercially reasonable efforts to avoid or remove the
cause(s) of its non-performance and both Parties shall proceed to perform
once the cause(s) are removed or cease.  

 
	
  

 	
  

 	
  

 
	
  

 	
15.3 

 	
Notwithstanding
the provisions of Sections 15.1 and 15.2, in no case shall a Force Majeure
Event excuse either Party from an obligation to pay money as required by this
Agreement.  

 
	
  

 	
  

 	
  

 
	
  

 	
15.4 

 	
Nothing in
this Agreement shall require the non-performing Party to settle any labor
dispute except as the non-performing Party, in its sole discretion,
determines appropriate.  

 
	
  

 	
  

 	
  

 
	
16. 

 	
Forecasts  

 
	
  

 	
  

 	
  

 
	
  

 	
In addition
to any other forecasts required by this Agreement, upon request by Verizon,
D&E shall provide to Verizon forecasts regarding the Services that
D&E expects to purchase from Verizon, including, but not limited to,
forecasts regarding the types and volumes of Services that D&E expects to
purchase and the locations where such Services will be purchased.  

 
	
  

 	
  

 	
  

 
	
17. 

 	
Fraud  

 
	
  

 	
  

 	
  

 
	
  

 	
D&E
assumes responsibility for all fraud associated with its Customers and
accounts. Verizon shall bear no responsibility for, nor is it required to
investigate or make adjustments to D&E’s account in cases of, fraud by
D&E’s Customers or other third parties.  

 
	
  

 	
  

 	
  

 
	
18. 

 	
Good Faith Performance  

 
	
  

 	
  

 	
  

 
	
  

 	
The Parties
shall act in good faith in their performance of this Agreement. 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.  

 
	
  

 	
  

 	
  

 
	
19. 

 	
Headings  

 
	
  

 	
  

 	
  

 
	
  

 	
The headings
used in the Principal Document are inserted for convenience of reference only
and are not intended to be a part of or to affect the meaning of the
Principal Document.  

 
	
  

 	
  

 	
  

 
	
20. 

 	
Indemnification  

 
	
  

 	
  

 	
  

 
	
  

 	
20.1 

 	
Each Party
(“Indemnifying Party”) shall indemnify, defend and hold harmless the other
Party (“Indemnified Party”), the Indemnified Party’s Affiliates, and the
directors, officers and employees of the Indemnified Party and the
Indemnified Party’s Affiliates, from and against any and all Claims that
arise out of bodily injury to or death of any person, or damage to, or
destruction or loss of, tangible  

 


10 









	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
real and/or
personal property of any person, to the extent such injury, death, damage,
destruction or loss, was proximately caused by the grossly negligent or
intentionally wrongful acts or omissions of the Indemnifying Party, the
Indemnifying Party’s Affiliates, or the directors, officers, employees,
agents or contractors of the Indemnifying Party or the Indemnifying Party’s
Affiliates, in connection with this Agreement.  

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
20.2 

 	
Indemnification
Process:  

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
20.2.1 

 	
As used in
this Section 20, “Indemnified Person” means a person whom an Indemnifying
Party is obligated to indemnify, defend and/or hold harmless under Section
20.1.  

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
20.2.2 

 	
An
Indemnifying Party’s obligations under Section 20.1 shall be conditioned upon
the following:  

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
20.2.3 

 	
The
Indemnified Person: (a) shall give the Indemnifying Party notice of the Claim
promptly after becoming aware thereof (including a statement of facts known
to the Indemnified Person related to the Claim and an estimate of the amount
thereof); (b) prior to taking any material action with respect to a Third
Party Claim, shall consult with the Indemnifying Party as to the procedure to
be followed in defending, settling, or compromising the Claim; (c) shall not
consent to any settlement or compromise of a Third Party Claim without the
written consent of the Indemnifying Party; (d) shall permit the Indemnifying
Party to assume the defense of a Third Party Claim (including, except as
provided below, the compromise or settlement thereof) at the Indemnifying
Party’s own cost and expense, provided, however, that the Indemnified Person
shall have the right to approve the Indemnifying Party’s choice of legal
counsel.  

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
20.2.4 

 	
If the
Indemnified Person fails to comply with Section 20.2.1 with respect to a
Claim, to the extent such failure shall have a material adverse effect upon
the Indemnifying Party, the Indemnifying Party shall be relieved of its
obligation to indemnify, defend and hold harmless the Indemnified Person with
respect to such Claim under this Agreement.  

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
20.2.5 

 	
Subject to
20.2.6 and 20.2.7, below, the Indemnifying Party shall have the authority to
defend and settle any Third Party Claim.  

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
20.2.6 

 	
With respect
to any Third Party Claim, the Indemnified Person shall be entitled to
participate with the Indemnifying Party in the defense of the Claim if the
Claim requests equitable relief or other relief that could affect the rights
of the Indemnified Person. In so participating, the Indemnified Person shall
be entitled to employ separate counsel for the defense at the Indemnified
Person’s expense. The Indemnified Person shall also be entitled to
participate, at its own expense, in the defense of any Claim, as to any
portion of the Claim as to which it is not entitled to be indemnified,
defended and held harmless by the Indemnifying Party.  

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
20.2.7 

 	
In no event
shall the Indemnifying Party settle a Third Party Claim or consent to any
judgment with regard to a Third Party Claim without the prior written consent
of the Indemnified Party, which shall not be unreasonably withheld,
conditioned or delayed. In the event the settlement or judgment requires a
contribution from or affects the rights of an Indemnified Person, the
Indemnified Person shall have the right to refuse such settlement or judgment
with respect to itself and, at its own  

 


11 









	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
cost and
expense, take over the defense against the Third Party Claim, provided that
in such event the Indemnifying Party shall not be responsible for, nor shall
it be obligated to indemnify or hold harmless the Indemnified Person against,
the Third Party Claim for any amount in excess of such refused settlement or
judgment.  

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
20.2.8 

 	
The
Indemnified Person shall, in all cases, assert any and all provisions in
applicable Tariffs and Customer contracts that limit liability to third
persons as a bar to, or limitation on, any recovery by a third-person
claimant.  

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
20.2.9 

 	
The
Indemnifying Party and the Indemnified Person shall offer each other all
reasonable cooperation and assistance in the defense of any Third Party
Claim.  

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
20.3 

 	
Each Party
agrees that it will not implead or bring any action against the other Party,
the other Party’s Affiliates, or any of the directors, officers or employees
of the other Party or the other Party’s Affiliates, 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 or the other Party’s Affiliate
and that arises out of performance of this Agreement.  

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
20.4 

 	
Each Party’s
obligations under this Section 20 shall survive expiration, cancellation or
termination of this Agreement.  

 
	
  

 	
  

 	
  

 	
  

 
	
21. 

 	
Insurance  

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
21.1 

 	
D&E
shall maintain during the term of this Agreement and for a period of two
years thereafter all insurance and/or bonds required to satisfy its
obligations under this Agreement (including, but not limited to, its
obligations set forth in Section 20 hereof) and all insurance and/or bonds
required by Applicable Law. The insurance and/or bonds shall be obtained from
an insurer having an A.M. Best insurance rating of at least A-, financial
size category VII or greater. At a minimum and without limiting the foregoing
undertaking, D&E shall maintain the following insurance:  

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
21.1.1 

 	
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.  

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
21.1.2 

 	
Motor
Vehicle Liability, Comprehensive Form, covering all owned, hired and
non-owned vehicles, with limits of at least $2,000,000 combined single limit
for each occurrence.  

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
21.1.3 

 	
Excess
Liability, in the umbrella form, with limits of at least $10,000,000 combined
single limit for each occurrence.  

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
21.1.4 

 	
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.  

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
21.1.5 

 	
All risk
property insurance on a full replacement cost basis for all of D&E’s real
and personal property located at any Collocation site or  

 


12 









	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
otherwise
located on or in any Verizon premises (whether owned, leased or otherwise
occupied by Verizon), facility, equipment or right-of-way.  

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
21.2 

 	
Any
deductibles, self-insured retentions or loss limits (“Retentions”) for the
foregoing insurance must be disclosed on the certificates of insurance to be
provided to Verizon pursuant to Sections 21.4 and 21.5, and Verizon reserves
the right to reject any such Retentions in its reasonable discretion. All
Retentions shall be the responsibility of D&E.  

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
21.3 

 	
D&E
shall name Verizon, Verizon’s Affiliates and the directors, officers and
employees of Verizon and Verizon’s Affiliates, as additional insureds on the
foregoing insurance.  

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
21.4 

 	
D&E
shall, within two (2) weeks of the Effective Date hereof, on a semi-annual
basis thereafter, and at such other times as Verizon may reasonably specify,
furnish certificates or other proof of the foregoing insurance reasonably
acceptable to Verizon. The certificates or other proof of the foregoing
insurance shall be sent to: Director –Interconnection Services, Verizon
Wholesale Markets, 1095 Avenue of the Americas, Room 1423, New York, NY
10036.  

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
21.5 

 	
D&E
shall require its contractors, if any, that may enter upon the premises or
access the facilities or equipment of Verizon or Verizon’s affiliated
companies to maintain insurance in accordance with Sections 21.1 through 21.3
and, if requested, to furnish Verizon certificates or other adequate proof of
such insurance acceptable to Verizon in accordance with Section 21.4.  

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
21.6 

 	
If D&E
or D&E’s contractors fail to maintain insurance as required in Sections
21.1 through 21.5, above, Verizon may purchase such insurance and D&E
shall reimburse Verizon for the cost of the insurance.  

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
21.7 

 	
Certificates
furnished by D&E or D&E’s contractors shall contain a clause stating:
“Verizon Pennsylvania Inc., f/k/a Bell Atlantic – Pennsylvania, Inc.” shall
be notified in writing at least thirty (30) days prior to cancellation of, or
any material change in, the insurance.”  

 
	
  

 	
  

 	
  

 	
  

 
	
22. 

 	
Intellectual Property  

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
22.1 

 	
Except as
expressly stated in this Agreement, this Agreement shall not be construed as
granting a license with respect to any patent, copyright, trade name,
trademark, service mark, trade secret or any other intellectual property, now
or hereafter owned, controlled or licensable by either Party. Except as
expressly stated in this Agreement, 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.  

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
22.2 

 	
Except as
stated in Section 22.4, 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 Affiliates or Customers based on or arising from any Third Party Claim
alleging or asserting that the provision or use of any service, facility,
arrangement, or software by either Party under this Agreement, or the
performance of any service or method, either alone or in combination with the
other Party, constitutes direct, vicarious or contributory infringement or
inducement to infringe, or misuse or misappropriation of any patent,
copyright, trademark, trade secret, or any other  

 


13 









	
  

 	
  

 	
  

 
	
  

 	
  

 	
proprietary
or intellectual property right of any Party or third person. Each Party,
however, shall offer to the other reasonable cooperation and assistance in
the defense of any such claim.  

 
	
  

 	
  

 	
  

 
	
  

 	
22.3 

 	
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 SERVICES PROVIDED UNDER THIS
AGREEMENT SHALL NOT GIVE RISE TO A CLAIM OF INFRINGEMENT, MISUSE, OR
MISAPPROPRIATION OF ANY INTELLECTUAL PROPERTY RIGHT.  

 
	
  

 	
  

 	
  

 
	
  

 	
22.4 

 	
D&E
agrees that the Services provided by Verizon hereunder shall be subject to
the terms, conditions and restrictions contained in any applicable agreements
(including, but not limited to software or other intellectual property
license agreements) between Verizon and Verizon’s vendors. Verizon agrees to
advise D&E, directly or through a third party, of any such terms,
conditions or restrictions that may limit any D&E use of a Service
provided by Verizon that is otherwise permitted by this Agreement. At
D&E’s written request, to the extent required by Applicable Law, Verizon
will use Verizon’s best efforts, as commercially practicable, to obtain
intellectual property rights from Verizon’s vendor to allow D&E to use
the Service in the same manner as Verizon that are coextensive with Verizon’s
intellectual property rights, on terms and conditions that are equal in
quality to the terms and conditions under which Verizon has obtained
Verizon’s intellectual property rights. D&E shall reimburse Verizon for
the cost of obtaining such rights.  

 
	
  

 	
  

 	
  

 
	
23. 

 	
Joint Work Product  

 
	
  

 	
  

 	
  

 
	
  

 	
The
Principal Document is the joint work product of the Parties, has been
negotiated by the Parties, and shall be fairly interpreted in accordance with
its terms. In the event of any ambiguities, no inferences shall be drawn
against either Party.  

 
	
  

 	
  

 	
  

 
	
24. 

 	
Law Enforcement.  

 
	
  

 	
  

 	
  

 
	
  

 	
24.1 

 	
Each Party
may cooperate with law enforcement authorities and national security
authorities to the full extent required or permitted by Applicable Law in
matters related to Services provided by it under this Agreement, 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 and/or national security operations, and, the installation of
wiretaps, trap-and-trace facilities and equipment, and dialed number
recording facilities and equipment.  

 
	
  

 	
  

 	
  

 
	
  

 	
24.2 

 	
A Party
shall not have the obligation to inform the other Party or the Customers of
the other Party of actions taken in cooperating with law enforcement or
national security authorities, except to the extent required by Applicable
Law.  

 
	
  

 	
  

 	
  

 
	
  

 	
24.3 

 	
Where a law
enforcement or national security request relates to the establishment of
lines (including, but not limited to, lines established to support
interception of communications on other lines), or the installation of other
services, facilities or arrangements, a Party may act to prevent the other
Party from obtaining access to information concerning such lines, services,
facilities and arrangements, through operations support system interfaces.  

 
	
  

 	
  

 	
  

 
	
25. 

 	
Liability  

 


14 









	
  

 	
  

 	
  

 	
  

 
	
  

 	
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.  

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
25.5 

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

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
25.5.1 

 	
under
Sections 20, Indemnification or 41, 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; or  

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
25.5.6 

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

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
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 smaller of the amounts for which such Party or other
person would be liable under this Section or the Tariff provision.  

 


15 









	
  

 	
  

 	
  

 	
  

 
	
  

 	
25.7 

 	
Each Party
shall, in its tariffs and other contracts with its Customers, 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.  

 
	
  

 	
  

 	
  

 	
  

 
	
26. 

 	
Network Management  

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
26.1 

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

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
26.2 

 	
Responsibility
for Following Standards. Each Party recognizes a
responsibility to follow the standards that may be agreed to between the
Parties and to employ characteristics and methods of operation that will not
interfere with or impair the service, network or facilities of the other
Party or any third parties connected with or involved directly in the network
or facilities of the other.  

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
26.3 

 	
Interference
or Impairment. If a Party (“Impaired Party”)
reasonably determines that the services, network, facilities, or methods of
operation, of the other Party (“Interfering Party”) will or are likely to
interfere with or impair the Impaired Party’s provision of services or the
operation of the Impaired Party’s network or facilities, the Impaired Party
may interrupt or suspend any Service provided to the Interfering Party to the
extent necessary to prevent such interference or impairment, subject to the
following:  

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
26.3.1 

 	
Except in
emergency situations (e.g., situations involving a risk of bodily injury to
persons or damage to tangible property, or an interruption in Customer
service) or as otherwise provided in this Agreement, the Impaired Party shall
have given the Interfering Party at least ten (10) days’ prior written notice
of the interference or impairment or potential interference or impairment and
the need to correct the condition within said time period; and,  

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
26.3.2 

 	
Upon correction
of the interference or impairment, the Impaired Party will promptly restore
the interrupted or suspended Service. The Impaired Party shall not be
obligated to provide an out-of-service credit allowance or other compensation
to the Interfering Party in connection with the suspended Service.  

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
26.4 

 	
Outage
Repair Standard. In the event of an outage or
trouble in any Service being provided by a Party hereunder, the Providing
Party will follow Verizon’s standard procedures for isolating and clearing
the outage or trouble.  

 
	
  

 	
  

 	
  

 	
  

 
	
27. 

 	
Non-Exclusive Remedies  

 


16 









	
  

 	
  

 	
  

 	
  

 
	
  

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

 
	
  

 	
  

 
	
 28.

 	
 Notice of Network Changes

 
	
  

 	
  

 
	
  

 	
 If a Party makes a change in the information necessary for
 the transmission and routing of services using that Party’s facilities or
 network, or any other change in its facilities or network that will
 materially affect the interoperability of its facilities or network with the
 other Party’s facilities or network, the Party making the change shall
 publish notice of the change at least ninety (90) days in advance of such
 change, and shall use reasonable efforts, as commercially practicable, to
 publish such notice at least one hundred eighty (180) days in advance of the
 change; provided, however, that if an earlier publication of notice of a
 change is required by Applicable Law (including, but not limited to, 47 CFR
 51.325 through 51. 335) notice shall be given at the time required by
 Applicable Law.

 
	
  

 	
  

 
	
 29.

 	
 Notices

 
	
  

 	
  

 
	
  

 	
 29.1

 	
 Except as otherwise provided in this Agreement, notices
 given by one Party to the other Party under this Agreement:

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 29.1.1

 	
 shall be in writing;

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 29.1.2

 	
 shall be delivered (a) personally,
 (b) by express delivery service with next business day delivery, (c) by First
 Class, certified or registered U.S. mail, postage prepaid, (d) by facsimile
 telecopy, with a copy delivered in accordance with (a), (b) or (c), preceding,
 or, (e) by electronic mail, with a copy delivered in accordance with (a), (b)
 or (c), preceding; and

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 29.1.3

 	
 shall be delivered to the following
 addresses of the Parties:

 






	
  

 	
  

 	
  

 
	
  

 	
 To D&E:

 	
  

 
	
  

 	
  

 	
  

 
	
  

 	
 Attention:

 	
 Janet Tuzinski, Director Regulatory and Carrier Relations

 
	
  

 	
  

 	
 124 East Main Street

 
	
  

 	
  

 	
 P.O. Box 458

 
	
  

 	
  

 	
 Ephrata, Pennsylvania 17522-0458

 
	
  

 	
  

 	
 Telephone Number: (717) 738-8511

 
	
  

 	
  

 	
 Facsimile Number: (717) 733-2364

 
	
  

 	
  

 	
 Internet Address: jtuzinski@decommunications.com

 
	
  

 	
  

 	
  

 
	
  

 	
 with a copy to:

 	
 G. William Ruhl, President and CEO

 
	
  

 	
  

 	
 124 East Main Street

 
	
  

 	
  

 	
 P.O. Box 458

 
	
  

 	
  

 	
 Ephrata, Pennsylvania 17522-0458

 
	
  

 	
  

 	
 Telephone Number: (717)738-8430

 
	
  

 	
  

 	
 Facsimile Number: (717) 733-7461

 
	
  

 	
  

 	
 Internet Address: gwruhl@decommunications.com

 
	
  

 	
  

 	
  

 
	
  

 	
 To Verizon:

 	
  

 


17









	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Director-Contract Performance & Administration

 
	
  

 	
  

 	
 Verizon Wholesale Markets

 
	
  

 	
  

 	
 600 Hidden Ridge

 
	
  

 	
  

 	
 HQEWMNOTICES

 
	
  

 	
  

 	
 Irving. TX 75038

 
	
  

 	
  

 	
 Telephone Number: 972-718-5988

 
	
  

 	
  

 	
 Facsimile Number: 972-719-1519

 
	
  

 	
  

 	
 Internet Address: wmnotices@verizon.com

 
	
  

 	
  

 	
  

 
	
  

 	
 with a copy to:

 	
  

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Vice President and Associate General Counsel

 
	
  

 	
  

 	
 Verizon Wholesale Markets

 
	
  

 	
  

 	
 1320 N. Court House Road

 
	
  

 	
  

 	
 8th Floor

 
	
  

 	
  

 	
 Arlington, VA 22201

 
	
  

 	
  

 	
 Facsimile: 703/974-0744

 
	
  

 	
  

 	
  

 
	
  

 	
 or to such other address as either Party shall designate
 by proper notice.

 
	
  

 	
  

 
	
  

 	
 Notices will be deemed given as of the earlier of (a)
 where there is personal delivery of the notice, the date of actual receipt,
 (b) where the notice is sent via express delivery service for next business
 day delivery, the next business day after the notice is sent, (c) where the
 notice is sent by First Class U.S. Mail, three (3) business days after
 mailing, (d) where notice is sent via certified or registered U.S. mail, the
 date of receipt shown on the Postal Service receipt, (e) where the notice is
 sent via facsimile telecopy, on the date set forth on the telecopy
 confirmation if sent before 5 PM in the time zone where it is received, or
 the next business day after the date set forth on the telecopy confirmation
 if sent after 5 PM in the time zone where it is received, and (f) where the
 notice is sent via electronic mail, on the date of transmission, if sent
 before 5 PM in the time zone where it is received, or the next business day
 after the date of transmission, if sent after 5 PM in the time zone where it
 is received.

 






	
  

 	
  

 	
  

 
	
 30.

 	
 Ordering and Maintenance

 
	
  

 	
  

 
	
  

 	
 D&E shall use Verizon’s electronic Operations Support
 System access platforms to submit Orders and requests for maintenance and
 repair of Services, and to engage in other pre-ordering, ordering,
 provisioning, maintenance and repair transactions. If Verizon has not yet
 deployed an electronic capability for D&E to perform a pre-ordering,
 ordering, provisioning, maintenance or repair, transaction offered by
 Verizon, D&E shall use such other processes as Verizon has made available
 for performing such transaction (including, but not limited, to submission of
 Orders by telephonic facsimile transmission and placing trouble reports by
 voice telephone transmission).

 
	
  

 	
  

 
	
 31.

 	
 Performance Standards

 
	
  

 	
  

 
	
  

 	
 31.1

 	
 Verizon shall provide
 Services under this Agreement in accordance with the performance standards
 required by Applicable Law, including, but not limited to, Section 251(c) of
 the Act and 47 CFR §§ 51.305(a)(3), 51.311(a) and (b) and 51.603(b).

 
	
  

 	
  

 	
  

 
	
  

 	
 31.2

 	
 To the extent
 required by Appendix D, Section V, “Carrier-to-Carrier Performance
 Plan (Including Performance Measurements),” and Appendix D, Attachment A,
 “Carrier-to-Carrier Performance Assurance Plan,” of the Merger Order, Verizon shall provide performance measurement
 results to D&E.

 


18









	
  

 	
  

 	
  

 	
  

 
	
  

 	
 31.3

 	
 D&E shall provide Services under
 this Agreement in accordance with the performance standards required by
 Applicable Law.

 
	
  

 	
  

 	
  

 
	
 32.

 	
 Point of Contact for D&E Customers

 
	
  

 	
  

 
	
  

 	
 32.1

 	
 D&E shall establish telephone
 numbers and mailing addresses at which D&E Customers may communicate with
 D&E and shall advise D&E Customers of these telephone numbers and
 mailing addresses.

 
	
  

 	
  

 	
  

 
	
  

 	
 32.2

 	
 Except as otherwise agreed to by
 Verizon, Verizon shall have no obligation, and may decline, to accept a
 communication from a D&E customer, including, but not limited to, a
 D&E Customer request for repair or maintenance of a Verizon Service
 provided to D&E.

 
	
  

 	
  

 	
  

 
	
 33.

 	
 Predecessor Agreements

 
	
  

 	
  

 
	
  

 	
 33.1

 	
 Except as stated in Section 33.2 or
 as otherwise agreed in writing by the Parties:

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 33.1.1

 	
 any prior interconnection or resale agreement between the Parties for the
 Commonwealth of Pennsylvania pursuant to Section 252 of the Act and in effect
 immediately prior to the Effective Date is hereby terminated; and

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 33.1.2

 	
 any Services that were purchased by
 one Party from the other Party under a prior interconnection or resale
 agreement between the Parties for the Commonwealth of Pennsylvania pursuant
 to Section 252 of the Act and in effect immediately prior to the Effective
 Date, shall as of the Effective Date be subject to and purchased under this
 Agreement.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 33.2

 	
 Except as otherwise agreed in
 writing by the Parties, if a Service purchased by a Party under a prior
 interconnection or resale agreement between the Parties pursuant to Section
 252 of the Act was subject to a contractual commitment that it would be
 purchased for a period of longer than one month, and such period had not yet
 expired as of the Effective Date and the Service had not been terminated
 prior to the Effective Date, to the extent not inconsistent with this
 Agreement, such commitment shall remain in effect and the Service will be
 purchased under this Agreement; provided, that if this Agreement would
 materially alter the terms of the commitment, either Party make elect to
 cancel the commitment.

 
	
  

 	
  

 	
  

 
	
  

 	
 33.3

 	
 If either Party elects to cancel the commitment pursuant to the proviso in
 Section 33.2, the Purchasing Party shall not be liable for any termination
 charge that would otherwise have applied. However, if the commitment was
 cancelled by the Purchasing Party, the Providing Party shall be entitled to
 payment from the Purchasing Party of the difference between the price of the
 Service that was actually paid by the Purchasing Party under the commitment
 and the price of the Service that would have applied if the commitment had
 been to purchase the Service only until the time that the commitment was
 cancelled.

 
	
  

 	
  

 	
  

 
	
 34.

 	
 Publicity and Use of Trademarks or
 Service Marks

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 34.1

 	
 A Party, its Affiliates, and their respective contractors
 and Agents, shall not use the other Party’s trademarks, service marks, logos
 or other proprietary trade dress, in connection with the sale of products or
 services, or in any advertising, press releases, publicity matters or other
 promotional materials, unless the other

 


19









	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Party has given its written consent for such use, which
 consent the other Party may grant or withhold in its sole discretion.

 
	
  

 	
  

 
	
  

 	
 34.2

 	
 Neither Party may imply any direct
 or indirect affiliation with or sponsorship or endorsement of it or its
 services or products by the other Party.

 
	
  

 	
  

 	
  

 
	
  

 	
 34.3

 	
 Any violation of this Section 34
 shall be considered a material breach of this Agreement.

 
	
  

 	
  

 	
  

 
	
 35.

 	
 References

 
	
  

 	
  

 
	
  

 	
 35.1

 	
 All references to Sections,
 Appendices and Exhibits shall be deemed to be references to Sections,
 Appendices and Exhibits of this Agreement unless the context shall otherwise
 require.

 
	
  

 	
  

 	
  

 
	
  

 	
 35.2

 	
 Unless the context shall otherwise
 require, any reference to a Tariff, agreement, technical or other document
 (including Verizon or third party guides, practices or handbooks), or
 provision of Applicable Law, is to such Tariff, agreement, document, or
 provision of Applicable Law, as amended and supplemented from time to time
 (and, in the case of a Tariff or provision of Applicable Law, to any
 successor Tariff or provision).

 
	
  

 	
  

 	
  

 
	
 36.

 	
 Relationship of the Parties

 
	
  

 	
  

 
	
  

 	
 36.1

 	
 The relationship of the Parties
 under this Agreement shall be that of independent contractors and nothing
 herein shall be construed as creating any other relationship between the
 Parties.

 
	
  

 	
  

 	
  

 
	
  

 	
 36.2

 	
 Nothing contained in this Agreement
 shall make either Party the employee of the other, create a partnership,
 joint venture, or other similar relationship between the Parties, or grant to
 either Party a franchise, distributorship or similar interest.

 
	
  

 	
  

 	
  

 
	
  

 	
 36.3

 	
 Except for provisions herein
 expressly authorizing a Party to act for another Party, 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, express or implied,
 against, in the name or on behalf of the other Party unless otherwise
 expressly permitted by such other Party in writing, which permission may be
 granted or withheld by the other Party in its sole discretion.

 
	
  

 	
  

 	
  

 
	
  

 	
 36.4

 	
 Each Party shall have
 sole authority and responsibility to hire, fire, compensate, supervise, and
 otherwise control its employees, Agents and contractors. Each Party shall be
 solely responsible for payment of any Social Security or other taxes that it
 is required by Applicable Law to pay in conjunction with its employees,
 Agents and contractors, and for withholding and remitting to the applicable
 taxing authorities any taxes that it is required by Applicable Law to collect
 from its employees.

 
	
  

 	
  

 	
  

 
	
  

 	
 36.5

 	
 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.

 
	
  

 	
  

 	
  

 
	
  

 	
 36.6

 	
 The relationship of the Parties
 under this Agreement is a non-exclusive relationship.

 


20









	
  

 	
  

 	
  

 	
  

 
	
 37.

 	
 Reservation of Rights

 
	
  

 	
  

 
	
  

 	
 37.1

 	
 Notwithstanding anything to the contrary in this
 Agreement, neither Party waives, and each Party hereby expressly reserves,
 its rights: (a) to appeal or otherwise seek the reversal of and changes in
 any arbitration decision associated with this Agreement; (b) to challenge the
 lawfulness of this Agreement and any provision of this Agreement; (c) to seek
 changes in this Agreement (including, but not limited to, changes in rates,
 charges and the Services that must be offered) through changes in Applicable
 Law; and, (d) to challenge the lawfulness and propriety of, and to seek to
 change, any Applicable Law, including, but not limited to any rule,
 regulation, order or decision of the Commission, the FCC, or a court of
 applicable jurisdiction. Nothing in this Agreement shall be deemed to limit
 or prejudice any position a Party has taken or may take before the
 Commission, the FCC, any other state or federal regulatory or legislative
 bodies, courts of applicable jurisdiction, or industry fora. The provisions
 of this Section shall survive the expiration, cancellation or termination of
 this Agreement.

 
	
  

 	
  

 	
  

 
	
  

 	
 37.2

 	
 D&E acknowledges D&E has been advised by Verizon
 that it is Verizon’s position that:

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 37.2.1

 	
 This Agreement contains certain provisions which are
 intended to reflect Applicable Law and Commission and/or FCC arbitration
 decisions; and

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 37.2.2

 	
 For the purposes of Appendix D, Sections 31 and 32, of the
 Merger Order, such provisions shall not be deemed to have been voluntarily
 negotiated or agreed to by Verizon and shall not be available to carriers
 pursuant to Appendix D, Sections 31 and 32 of the Merger Order.

 
	
  

 	
  

 	
  

 	
  

 
	
 38.

 	
 Subcontractors

 
	
  

 	
  

 
	
  

 	
 A Party may use a contractor of the Party (including, but
 not limited to, an Affiliate of the Party) to perform the Party’s obligations
 under this Agreement; provided, that a Party’s use of a contractor shall not
 release the Party from any duty or liability to fulfill the Party’s
 obligations under this Agreement.

 
	
  

 	
  

 
	
 39.

 	
 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.

 
	
  

 	
  

 
	
 40.

 	
 Survival

 
	
  

 	
  

 
	
  

 	
 The rights, liabilities and obligations of a Party for
 acts or omissions occurring prior to the expiration, cancellation or
 termination of this Agreement, the rights, liabilities and obligations of a
 Party under any provision of this Agreement regarding confidential
 information (including but not limited to, Section 10), indemnification or
 defense (including, but not limited to, Section 20), or limitation or
 exclusion of liability (including, but not limited to, Section 25), and the
 rights, liabilities and obligations of a Party under any provision of this
 Agreement which by its terms or nature is intended to continue beyond or to
 be performed after the expiration, cancellation or termination of this
 Agreement, shall survive the expiration, cancellation or termination of this
 Agreement.

 
	
  

 	
  

 
	
 41.

 	
 Taxes

 


21









	
  

 	
  

 	
  

 
	
  

 	
 41.1

 	
 In General. With respect to any purchase hereunder of
 Services, if any federal, state or local tax, fee, surcharge or other
 tax-like charge (a “Tax”) is required or permitted by Applicable Law or a
 Tariff to be collected from the purchasing Party by the providing Party, then
 (a) the providing Party shall properly bill the purchasing Party for such
 Tax, (b) the purchasing Party shall timely remit such Tax to the providing
 Party and (c) the providing Party shall timely remit such collected Tax to
 the applicable taxing authority.

 
	
  

 	
  

 	
  

 
	
  

 	
 41.2

 	
 Taxes Imposed on the Providing Party. With
 respect to any purchase hereunder of Services, if any federal, state or local
 Tax is imposed by Applicable Law on the receipts of the providing Party, and
 such Applicable Law permits the providing Party to exclude certain receipts
 received from sales for resale to a public utility, distributor, telephone
 company, local exchange carrier, telecommunications company or other
 communications company (“Telecommunications Company”), such exclusion being
 based solely on the fact that the purchasing Party is also subject to a tax
 based upon receipts (“Receipts Tax”), then the purchasing Party (a) shall provide the providing
 Party with notice in writing in accordance with Section 41.6 of this
 Agreement of its intent to pay the Receipts Tax and (b) shall timely pay the
 Receipts Tax to the applicable tax authority.

 
	
  

 	
  

 	
  

 
	
  

 	
 41.3

 	
 Taxes Imposed on Customers. With respect to any purchase
 hereunder of Services 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”) in connection with any such
 purchase, which a Telecommunications Company is required to impose and/or
 collect from a Subscriber, then the purchasing Party (a) shall be required to
 impose and/or collect such Tax from the Subscriber and (b) shall timely remit
 such Tax to the applicable taxing authority.

 
	
  

 	
  

 	
  

 
	
  

 	
 41.4

 	
 Liability for Uncollected Tax, Interest and Penalty. If the providing Party has not
 received an exemption certificate and fails to collect any Tax as required by
 Section 41.1, then, as between the providing Party and the purchasing Party,
 (a) the purchasing Party shall remain liable for such uncollected Tax and (b)
 the providing Party shall be liable for any interest assessed thereon and any
 penalty assessed with respect to such uncollected Tax by such authority. If
 the providing Party properly bills the purchasing Party for any Tax but the
 purchasing Party fails to remit such Tax to the providing Party as required
 by Section 41.1, 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 Section 41.1 because the
 purchasing Party has provided such providing Party with an exemption
 certificate that is later found to be inadequate by a 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 any penalty assessed with respect to such uncollected Tax by the
 applicable taxing authority. If the purchasing Party fails to pay the
 Receipts Tax as required by Section 41.2, 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
 Section 41.3, 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 

 


22









	
  

 	
  

 	
  

 
	
  

 	
  

 	
 the applicable taxing authority. With respect to any Tax that
 the purchasing Party has agreed to pay, 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 cooperate fully 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.

 
	
  

 	
  

 	
  

 
	
  

 	
 41.5

 	
 Tax exemptions and Exemption
 Certificates. If Applicable Law clearly exempts a purchase
 hereunder from a Tax, and if such Applicable 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 Section 41.6. If
 Applicable Law clearly exempts 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 (a) furnishes the providing Party
 with a letter signed by an officer requesting such an exemption and citing
 the provision in the Applicable Law which clearly allows such exemption and
 (b) 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 Verizon with respect to its forbearing to collect such Tax.

 
	
  

 	
  

 	
  

 
	
  

 	
 41.6

 	
 All notices, affidavits,
 exemption-certificates or other communications required or permitted to be
 given by either Party to the other, for purposes of this Section 41, 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 Section 29 as well
 as to the following:

 






	
  

 	
  

 	
  

 
	
  

 	
 To Verizon:

 	
  

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Tax Administration 

 
	
  

 	
  

 	
 Verizon Communications

 
	
  

 	
  

 	
 1095 Avenue of the Americas 

 
	
  

 	
  

 	
 Room 3109 

 
	
  

 	
  

 	
 New York, NY 10036 

 
	
  

 	
  

 	
  

 
	
  

 	
 To D&E:

 	
  

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Linda L. Hall, Controller

 
	
  

 	
  

 	
 124 East Main Street

 
	
  

 	
  

 	
 P.O. Box 458

 
	
  

 	
  

 	
 Ephrata, PA 17522

 
	
  

 	
  

 	
  

 
	
  

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

 


23









	
  

 	
  

 	
  

 
	
 42.

 	
 Technology Upgrades

 
	
  

 	
  

 
	
  

 	
 Subject to the notice requirements of Section 28 and
 notwithstanding any other provision of this Agreement, Verizon shall have the
 right to deploy, upgrade, migrate and maintain its network at its discretion.
 The Parties acknowledge that Verizon, at its election, may deploy fiber
 throughout its network and that such fiber deployment may inhibit or
 facilitate D&E’s ability to provide service using certain technologies.
 Nothing in this Agreement shall limit Verizon’s ability to modify its network
 through the incorporation of new equipment or software or otherwise. D&E
 shall be solely responsible for the cost and activities associated with accommodating
 such changes in its own network. 

 
	
  

 	
  

 
	
 43.

 	
 Territory

 
	
  

 	
  

 
	
  

 	
 43.1

 	
 This Agreement applies to the territory in which Verizon
 operates as an Incumbent Local Exchange Carrier in the Commonwealth of
 Pennsylvania.

 
	
  

 	
  

 	
  

 
	
  

 	
 43.2

 	
 Notwithstanding any other provision of this Agreement,
 Verizon may terminate this Agreement as to a specific operating territory or
 portion thereof if Verizon sells or otherwise transfers its operations in
 such territory or portion thereof to a third-person. Verizon shall provide D&E
 with at least 90 calendar days prior written notice of such termination,
 which shall be effective upon the date specified in the notice. Verizon shall
 be obligated to provide Services under this Agreement only within this
 territory.

 
	
  

 	
  

 	
  

 
	
 44.

 	
 Third Party Beneficiaries

 
	
  

 	
  

 
	
  

 	
 Except as expressly set forth in this Agreement, this
 Agreement is for the sole benefit of the Parties and their permitted assigns,
 and nothing herein shall create or be construed to provide any third-persons
 (including, but not limited to, Customers or contractors of a Party) with any
 rights (including, but not limited to, any third-party beneficiary rights)
 hereunder. Except as expressly set forth in this Agreement, a Party shall
 have no liability under this Agreement to the Customers of the other Party or
 to any other third person. 

 
	
  

 	
  

 
	
 45.

 	
 251 and 271 Requirements

 
	
  

 	
  

 
	
  

 	
 45.1

 	
 The Parties agree that the
 performance of the terms of this Agreement will satisfy Verizon’s obligations
 under Section 251 of the Act, and the requirements of the Checklist under
 Section 271 of the Act.

 
	
  

 	
  

 	
  

 
	
  

 	
 45.2

 	
 The Parties understand and agree
 that this Agreement will be filed with the Commission and may thereafter be
 filed with the FCC as an integral part of an application by Verizon or an
 Affiliate of Verizon pursuant to Section 271(d) of the Act. In the event that
 any one or more of the provisions contained herein in Verizon’s reasonable
 determination is likely to adversely affect the application pursuant to
 Section 271(d) of the Act, the Parties agree to make the revisions necessary
 to eliminate such adverse effect on the application.

 
	
  

 	
  

 	
  

 
	
 46.

 	
 252(i) Obligations

 
	
  

 	
  

 
	
  

 	
 46.1

 	
 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”).

 
	
  

 	
  

 	
  

 
	
  

 	
 46.2

 	
 If D&E wishes to exercise any
 rights it may have under Section 252(i), D&E shall provide written notice
 thereof to Verizon. Upon Verizon’s receipt of said notice, 

 


24









	
  

 	
  

 	
  

 
	
  

 	
  

 	
 in accordance with Section 252(i),
 the Parties shall amend this Agreement in writing to appropriately reflect
 the Interconnection, services, and Network Elements, that D&E has elected
 to adopt pursuant to Section 252(i).

 
	
  

 	
  

 
	
  

 	
 46.3

 	
 If D&E wishes to exercise any
 rights it may have under the Merger Order MFN Provisions, D&E 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
 amend this Agreement in writing to appropriately reflect the interconnection
 arrangements or unbundled Network Elements, that D&E has elected to adopt
 pursuant to the Merger Order MFN Provisions.

 
	
  

 	
  

 	
  

 
	
  

 	
 46.4

 	
 To the extent that the exercise by
 D&E of any rights it may have under Section 252(i) or the Merger Order
 MFN Provisions results in the rearrangement of Services by Verizon, D&E
 shall be solely liable for all costs associated therewith, as well as for any
 termination charges associated with the termination of existing Verizon
 Services.

 
	
  

 	
  

 	
  

 
	
 47.

 	
 Use of Service

 
	
  

 	
  

 
	
  

 	
 Each Party shall make commercially reasonable efforts to
 ensure that its Customers comply with the provisions of this Agreement
 (including, but not limited to the provisions of applicable Tariffs)
 applicable to the use of Services purchased by it under this Agreement.

 
	
  

 	
  

 
	
 48.

 	
 Waiver

 
	
  

 	
  

 
	
  

 	
 A failure or delay of either Party to enforce any of the
 provisions of this Agreement, or any right or remedy available under this
 Agreement or at law or in equity, or to require performance of any of the
 provisions of this Agreement, or to exercise any option which is provided
 under this Agreement, shall in no way be construed to be a waiver of such
 provisions, rights, remedies or options.

 
	
  

 	
  

 
	
 49.

 	
 Warranties

 
	
  

 	
  

 
	
  

 	
 EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, NEITHER
 PARTY MAKES OR RECEIVES ANY WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE
 SERVICES PROVIDED, OR TO BE PROVIDED, UNDER THIS AGREEMENT AND THE PARTIES
 DISCLAIM ANY OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO, WARRANTIES
 OF MERCHANTABILITY, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE
 WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES ARISING BY TRADE CUSTOM,
 TRADE USAGE, COURSE OF DEALING OR PERFORMANCE, OR OTHERWISE.

 
	
  

 	
  

 
	
 50.

 	
 Withdrawal of Services

 
	
  

 	
  

 
	
  

 	
 50.1

 	
 Notwithstanding anything contained in this Agreement,
 except as otherwise required by Applicable Law, Verizon may terminate its
 offering and/or provision of any Service under this Agreement upon thirty
 (30) days prior written notice to D&E.

 
	
  

 	
  

 	
  

 
	
  

 	
 50.2

 	
 Notwithstanding anything contained in this Agreement,
 except as otherwise required by Applicable Law, Verizon may with thirty (30)
 days prior written notice to D&E terminate any provision of this
 Agreement that provides for the payment by Verizon to D&E of compensation
 related to traffic, including, but not limited to, Reciprocal Compensation
 and other types of compensation for termination of 

 


25









	
  

 	
  

 
	
  

 	
 traffic delivered by Verizon to D&E. Following such
 termination, except as otherwise agreed in writing by the Parties, Verizon
 shall be obligated to provide compensation to D&E related to traffic only
 to the extent required by Applicable Law. If Verizon exercises its right of
 termination under this Section, the Parties shall negotiate in good faith
 appropriate substitute provisions for compensation related to traffic;
 provided, however, that except as otherwise voluntarily agreed by Verizon in
 writing in its sole discretion, Verizon shall be obligated to provide
 compensation to D&E related to traffic only to the extent required by
 Applicable Law. If within thirty (30) days after Verizon’s notice of
 termination the Parties are unable to agree in writing upon mutually
 acceptable substitute provisions for compensation related to traffic, either
 Party may submit their disagreement to dispute resolution in accordance with
 Section 14 of this Agreement.

 


26






SIGNATURE PAGE


IN WITNESS
WHEREOF, the Parties hereto have caused this Agreement to be executed as of the
Effective Date.


	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 D&E SYSTEMS, INC.

 	
  

 	
 VERIZON PENNSYLVANIA INC.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 By:

 	
      /s/ G.
 William Ruhl

 	
  

 	
 By:

 	
      /s/
 Jeffrey A. Masoner

 
	
  

 	

 


 	
  

 	
  

 	

 


 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Printed: 

 	
 G. William Ruhl

 	
  

 	
 Printed: 

 	
 Jeffrey A. Masoner 

 
	
  

 	

 


 	
  

 	
  

 	

 


 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 



	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Title:

 	
 President and Chief Executive Officer

 	
  

 	
 Title

 	
 Vice President – Interconnection Services Policy
 and Planning

 
	
  

 	

 


 	
  

 	
  

 	

 


 



27






GLOSSARY


	
  

 	
  

 	
  

 
	
 1.

 	
 General Rule

 
	
  

 	
  

 	
  

 
	
  

 	
 1.1

 	
 The provisions of
 Sections 1.1 through 1.4 apply with regard to the Principal Document. Terms
 used in a Tariff shall have the meanings stated in the Tariff.

 
	
  

 	
  

 	
  

 
	
  

 	
 1.2

 	
 Unless the context
 clearly indicates otherwise, when used in the Principal Document the terms
 listed in this Glossary shall have the meanings stated in this Glossary. A
 defined term intended to convey the meaning stated in this Glossary is
 capitalized when used. Other terms that are capitalized, and not defined in
 this Glossary or elsewhere in the Principal Document, shall have the meaning
 stated in the Act. Additional definitions that are specific to the matters
 covered in a particular provision of the Principal Document may appear in
 that provision. To the extent that there may be any conflict between a
 definition set forth on this Glossary and any definition in a specific
 provision, the definition set forth in the specific provision shall control
 with respect to that provision.

 
	
  

 	
  

 	
  

 
	
  

 	
 1.3

 	
 Unless the context
 clearly indicates otherwise, any term defined in this Glossary which is
 defined or used in the singular shall include the plural, and any term
 defined in this Glossary which is defined or used in the plural shall include
 the singular.

 
	
  

 	
  

 	
  

 
	
  

 	
 1.4

 	
 The words “shall”
 and “will” are used interchangeably throughout the Principal Document and the
 use of either indicates a mandatory requirement. The use of one or the other
 shall not confer a different degree of right or obligation for either Party.

 
	
  

 	
  

 	
  

 
	
 2.

 	
 Definitions

 
	
  

 	
  

 	
  

 
	
  

 	
 2.1

 	
 Act.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 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, Public
 Law 104-104 of the 104th United States Congress effective February 8, 1996),
 and as further interpreted in the duly authorized and effective rules and
 regulations of the FCC or the Commission.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.2

 	
 ADSL (Asymmetrical
 Digital Subscriber Line).

 
	
  

 	
  

 	
  

 
	
  

 	
  

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

 
	
  

 	
  

 	
  

 
	
  

 	
 2.3

 	
 Affiliate.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Shall have the
 meaning set forth in the Act.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.4

 	
 Agent.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 An agent or
 servant.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.5

 	
 Agreement.

 


28









	
  

 	
  

 	
  

 
	
  

 	
  

 	
 This Agreement, as
 defined in Section 1 of the General Terms and Conditions.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.6

 	
 Automated Message
 Accounting (AMA).

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 The structure
 inherent in switch technology that initially records telecommunication
 message information. AMA format is contained in the Automated Message
 Accounting document, published by Telcordia Technologies as GR-1100-CORE that
 defines the industry standard for message recording.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.7

 	
 Ancillary Traffic.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 All traffic that
 is destined for ancillary services, or that may have special billing
 requirements, including but not limited to the following: 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.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.8

 	
 Automatic Number
 Identification (ANI).

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 The signaling
 parameter which refers to the number transmitted through the network
 identifying the billing number of the calling Party.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.9

 	
 Answer Supervision.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 An off-hook
 supervisory signal.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.10

 	
 Applicable Law.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 All effective
 laws, government regulations and orders, applicable to each Party’s
 performance of its obligations under this agreement.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.11

 	
 ASR (Access
 Service Request).

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 An industry
 standard form, which contains data elements and usage rules used by the
 Parties to add, establish, change or disconnect services or trunks for the
 purposes of interconnection.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.12

 	
 Automatic Number
 Identification (ANI).

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 The signaling
 parameter which refers to the number transmitted through the network
 identifying the billing number of the calling Party.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.13

 	
 Basic Local Exchange
 Service.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Voice grade access
 to the network that provides: the ability to place and receive calls;
 touch-tone service, access to operator services; access to directory
 assistance; access to emergency services (E911); access to telephone relay
 service (TRS); access to Interexchange Carriers of the Customer’s choice;
 standard white pages directory listing; and toll blocking for low-income
 consumers participating in Lifeline (subject to technical feasibility).

 
	
  

 	
  

 	
  

 
	
  

 	
 2.14

 	
 Bona Fide Request
 (BFR).

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 The process
 described in the UNE Attachment that prescribes the terms and conditions
 relating to a Party’s request that the other Party provides a UNE that it

 


29









	
  

 	
  

 	
  

 
	
  

 	
  

 	
 is not otherwise
 required to provide under the terms of this Agreement.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.15

 	
 Business Day.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Monday through
 Friday, except for holidays on which the U.S. mail is not delivered.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.16

 	
 Calendar Quarter.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 January through
 March, April through June, July through September, or October through
 December.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.17

 	
 Calendar Year.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 January through
 December.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.18

 	
 CCS (Common
 Channel Signaling).

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 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 content of the call.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.19

 	
 Central Office.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 A local switching
 system for connecting lines to lines, lines to trunks, or trunks to trunks
 for the purpose of originating/terminating calls over the public switched
 telephone network. A single Central Office may handle several Central Office
 codes (“NXX”). Sometimes this term is used to refer to a telephone company
 building in which switching systems and telephone equipment are installed.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.20

 	
 Central Office
 Switch.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 A switch used to
 provide Telecommunications Services including but not limited to an End
 Office Switch or a Tandem Switch. A Central Office Switch may also be
 employed as combination End Office/Tandem Office Switch.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.21

 	
 Claims.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Any and all
 claims, demands, suits, actions, settlements, judgments, fines, penalties,
 liabilities, injuries, damages, losses, costs (including, but not limited to,
 court costs), and expenses (including, but not limited to, reasonable
 attorney’s fees).

 
	
  

 	
  

 	
  

 
	
  

 	
 2.22

 	
 CLEC (Competitive
 Local Exchange Carrier).

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Any corporation or
 other person legally able to provide Local Exchange Service in competition
 with an ILEC.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.23

 	
 CLLI Codes.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Common Language
 Location Identifier Codes.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.24

 	
 Centralized Message
 Distribution System (CMDS).

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 The billing record
 and clearing house transport system that ILECs use to

 


30









	
  

 	
  

 	
  

 
	
  

 	
  

 	
 efficiently
 exchange out collects and in collects as well as Carrier Access Billing
 System (CABS) records.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.25

 	
 Commission.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Pennsylvania
 Public Utilities Commission

 
	
  

 	
  

 	
  

 
	
  

 	
 2.26

 	
 Conversation Time.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 The time that both
 Parties’ equipment is used for a completed call measured from the receipt of
 Answer Supervision to the receipt of Disconnect Supervision.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.27

 	
 Calling Party
 Number (CPN).

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 A CCS parameter
 that identifies the calling party’s telephone number.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.28

 	
 CPNI (Customer
 Proprietary Network Information).

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Shall have the
 meaning set forth in Section 222 of the Act, 47 U.S.C. § 222.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.29

 	
 Cross Connection.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 A jumper cable or
 similar connection, provided in connection with a Collocation arrangement at
 the digital signal cross connect, Main Distribution Frame or other suitable
 frame or panel between (i) the Collocating Party’s equipment and (ii) the
 equipment or facilities of the Housing Party.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.30

 	
 Customer.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 A third party
 residence or business end-user subscriber to Telephone Exchange Services
 provided by either of the Parties.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.31

 	
 Digital Signal
 Level.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 One of several
 transmission rates in the time-division multiplex hierarchy.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.32

 	
 Digital Signal
 Level 0 (DS0).

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 The 64kbps
 zero-level signal in the time-division multiplex hierarchy.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.33

 	
 Digital Signal
 Level 1 (DS1).

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 The 1.544 Mbps first-level
 signal in the time-division multiplex hierarchy.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.34

 	
 Digital Signal
 Level 3 (DS3).

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 The 44.736 Mbps
 third-level signal in the time-division multiplex hierarchy.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.35

 	
 Effective Date.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Shall have the
 meaning set forth in the Preface of this Agreement.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.36

 	
 EMI (Exchange
 Message Interface).

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Standard used for
 the interexchange of telecommunications message information

 


31









	
  

 	
  

 	
  

 
	
  

 	
  

 	
 between exchange
 carriers and interexchange carriers for billable, non-billable, sample,
 settlement and study data. Data is provided between companies via a unique
 record layout that contains Customer billing information, account summary and
 tracking analysis. EMI format is contained in document SR-320 published by
 the Alliance for Telcom Industry Solutions.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.37

 	
 End Office Switch
 or End Office.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 A switching entity
 that is used to terminate Customer station Loops for the purpose of
 interconnection to each other and to trunks.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.38

 	
 Entrance Facility.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 The facility between
 a Party’s designated premises and the Central Office serving that designated
 premises.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.39

 	
 Exchange Access.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Shall have the
 meaning set forth in the Act.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.40

 	
 Extended Local
 Calling Scope Arrangement.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 An arrangement
 that provides a Customer a local calling scope (Extended Area Service,
 “EAS”), outside of the Customer’s basic exchange serving area. Extended Local
 Calling Scope Arrangements may be either optional or non-optional. “Optional
 Extended Local Calling Scope Arrangement Traffic” is traffic that under an
 optional Extended Local Calling Scope Arrangement chosen by the Customer
 terminates outside of the Customer’s basic exchange serving area.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.41

 	
 FCC.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 The Federal
 Communications Commission.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.42

 	
 FCC Internet Order.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 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.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.43

 	
 FCC Regulations.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 The regulations
 duly and lawfully promulgated by the FCC, as amended from time to time.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.44

 	
 HDSL (High-Bit
 Rate Digital Subscriber Line).

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 A transmission
 technology that transmits up to a DS1 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 (3BO).

 
	
  

 	
  

 	
  

 
	
  

 	
 2.45

 	
 IDLC (Integrated
 Digital Loop Carrier).

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 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

 


32









	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Mbps digital
 signal.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.46

 	
 ILEC (Incumbent
 Local Exchange Carrier).

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Shall have the
 meaning stated in the Act.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.47

 	
 Inside Wire or
 Inside Wiring.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 All wire, cable,
 terminals, hardware, and other equipment or materials on the customer’s side
 of the Rate Demarcation Point.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.48

 	
 Internet Traffic.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Any traffic that
 is transmitted to or returned from the Internet at any point during the
 duration of the transmission.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.49

 	
 InterLATA Service.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Shall have the
 meaning set forth in the Act.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.50

 	
 IntraLATA.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Telecommunications
 services that originate and terminate at a point within the same LATA.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.51

 	
 IP
 (Interconnection Point).

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 For Reciprocal
 Compensation Traffic, the point at which a Party who receives Reciprocal
 Compensation Traffic from the other Party assesses Reciprocal Compensation
 charges for the further transport and termination of that Reciprocal
 Compensation Traffic..

 
	
  

 	
  

 	
  

 
	
  

 	
 2.52

 	
 ISDN (Integrated
 Services Digital Network).

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 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 (2) 64 kbps bearer channels and one (1) 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 (23B+D).

 
	
  

 	
  

 	
  

 
	
  

 	
 2.53

 	
 ISDN User Part
 (ISUP).

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 A part of the SS7
 protocol that defines call setup messages and call takedown messages.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.54

 	
 IXC (Interexchange
 Carrier).

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 A Telecommunications
 Carrier that provides, directly or indirectly, InterLATA or intraLATA
 Telephone Toll Services.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.55

 	
 LATA (Local Access
 and Transport Area).

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Shall have the
 meaning set forth in the Act.

 


33









	
  

 	
  

 	
  

 
	
  

 	
 2.56

 	
 LEC (Local
 Exchange Carrier).

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Shall have the
 meaning set forth in the Act.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.57

 	
 LERG (Local
 Exchange Routing Guide).

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 The Telcordia
 Technologies reference customarily used to identify NPANXX routing and homing
 information, as well as network element and equipment designation.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.58

 	
 LIDB (Line
 Information Data Base).

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 One or all, as the
 context may require, of the Line Information databases owned individually by
 Verizon and other entities which provide, among other things, calling card
 validation functionality for telephone line number cards issued by Verizon
 and other entities. A LIDB also contains validation data for collect and
 third number-billed calls; i.e., Billed Number Screening.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.59

 	
 Line Side.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 An End Office
 Switch connection that provides transmission, switching and optional features
 suitable for Customers connection to the public switched network, including
 loop start supervision, ground start supervision and signaling for BRI-ISDN
 service.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.60

 	
 Loop.

 
	
  

 	
  

 	
  

 
	
  

 	
  

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

 
	
  

 	
  

 	
  

 
	
  

 	
 2.61

 	
 LSR (Local Service
 Request).

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 The industry
 standard form, which contains data elements and usage rules, used by the
 Parties to establish, add, change or disconnect resold services and Unbundled
 Network Elements for the purposes of competitive local services.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.62

 	
 MDF (Main
 Distribution Frame).

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 The primary point
 at which outside plant facilities terminate within a Wire Center, for interconnection
 to other telecommunications facilities within the Wire Center. The
 distribution frame used to interconnect cable pairs and line trunk equipment
 terminating on a switching system.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.63

 	
 Measured Internet
 Traffic.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Dial-up, switched
 Internet Traffic originated by a Customer of one Party on that Party’s
 network at a point in a Verizon local calling area, and delivered to a
 Customer or an Internet Service Provider served by the other Party, on that
 other Party’s network at a point in the same Verizon local calling area.
 Verizon local calling areas shall be as defined in Verizon customer tariffs
 in Pennsylvania as

 


34









	
  

 	
  

 	
  

 
	
  

 	
  

 	
 amended from time
 to time. For the purposes of this definition, a Verizon local calling area
 includes a Verizon non-optional Extended Local Calling Scope Arrangement, but
 does not include a Verizon optional Extended Local Calling Scope Arrangement.
 Calls originated on a 1+ presubscription basis, or on a casual dialed
 (10XXX/101XXXX) basis, are not considered Measured Internet Traffic.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.64       Merger Order

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 The FCC’s ORDER
 “In re Application of GTE Corporation, Transferor, and Bell Atlantic
 Corporation, Transferee, For Consent to Transfer of Control of Domestic and
 International Section 214 and 310 Authorizations and Application to Transfer
 of a Submarine Cable Landing License”, Memorandum Opinion and Order, FCC CC
 Docket No. 98-184, FCC 00-221 (June 16, 2000), as modified from time to time.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.65

 	
 MECAB (Multiple
 Exchange Carrier Access Billing).

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 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 Telcordia Technologies 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.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.66

 	
 MECOD (Multiple
 Exchange Carriers Ordering and Design Guidelines for Access Services -
 Industry Support Interface).

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 A document
 developed by the Ordering/Provisioning Committee under the auspices 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 MECOD document, published by [BellCore]
 Telcordia Technologies as Special Report SR-STS-002643, establishes methods
 for processing orders for Exchange Access Service that is to be provided by
 two or more LECs.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.67

 	
 NANP (North
 American Numbering Plan).

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 The system of
 telephone numbering employed in the United States, Canada, Bermuda, Puerto
 Rico and certain Caribbean islands. The NANP format is a 10-digit number that
 consist of a 3-digit NPA Code (commonly referred to as area code), followed
 by a 3-digit NXX code and 4 digit line number.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.68

 	
 Network Element.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Shall have the
 meaning stated in the Act.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.69

 	
 NID (Network Interface
 Device).

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 The Verizon
 provided interface terminating Verizon’s Telecommunications network on the
 property where the Customer’s service is located at a point determined by
 Verizon. The NID contains a FCC Part 68 registered jack from which inside wire
 may be connected to Verizon’s network.

 


35









	
  

 	
  

 	
  

 
	
  

 	
 2.70

 	
 NPA (Numbering
 Plan Area).

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Also sometimes
 referred to as an area code, is the first three-digit indicator of each
 10-digit telephone number within the NANP. Each NPA contains 800 possible NXX
 Codes. There are two general categories of NPA, “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 that may be provided across
 multiple geographic NPA areas. 500, 700, 800, 888 and 900 are examples of
 Non-Geographic NPAs.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.71

 	
 NXX, NXX Code,
 Central Office Code or CO Code.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 The three-digit
 switch entity indicator (i.e. the first three digits of a seven-digit
 telephone number). Each NXX Code contains 10,000 station numbers.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.72

 	
 Order.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 An order or
 application to provide, change or terminate a Service (including, but not
 limited to, a commitment to purchase a stated number or minimum number of
 lines or other Services for a stated period or minimum period of time).

 
	
  

 	
  

 	
  

 
	
  

 	
 2.73

 	
 POI (Point of
 Interconnection).

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 The physical
 location where the originating Party’s facilities physically interconnect
 with the terminating Party’s facilities for the purpose of exchanging
 traffic.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.74

 	
 Port.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 A line card (or
 equivalent) and associated peripheral equipment on an End Office Switch that
 interconnects individual Loops or individual Customer trunks with 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) that serves as the Customer’s network
 address. The Port is part of the provision of unbundled local Switching
 Element.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.75

 	
 Principal Document.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 This document,
 including, but not limited to, the Title Page, the Table of Contents, the
 Preface, the General Terms and Conditions, the signature page, this Glossary,
 the Attachments, and the Appendices to the Attachments

 
	
  

 	
  

 	
  

 
	
  

 	
 2.76

 	
 Providing Party.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 A Party offering
 or providing a Service to the other Party under this Agreement.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.77

 	
 Purchasing Party.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 A Party requesting
 or receiving a Service from the other Party under this Agreement.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.78

 	
 Rate Center Area
 or Exchange Area.

 


36









	
  

 	
  

 	
  

 
	
  

 	
  

 	
 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 that
 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.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.79

 	
 Rate Center Point.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 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.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.80

 	
 Rate Demarcation
 Point.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 The physical point
 in a Verizon provided network facility at which Verizon’s responsibility for
 maintaining that 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.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.81

 	
 Reciprocal
 Compensation.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 The arrangement
 for recovering, in accordance with Section 251(b)(5) of the Act, the FCC
 Internet Order, and other applicable FCC orders and FCC Regulations, costs
 incurred for the transport and termination of Reciprocal Compensation Traffic
 originating on one Party’s network and terminating on the other Party’s
 network (as set forth in Section 7 of the Interconnection Attachment).

 
	
  

 	
  

 	
  

 
	
  

 	
 2.82

 	
 Reciprocal
 Compensation Traffic.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Telecommunications
 traffic originated by a Customer of one Party on that Party’s network and
 terminated to a Customer of the other Party on that other Party’s network,
 except for Telecommunications traffic that is interstate or intrastate
 Exchange Access, Information Access, or exchange services for Exchange Access
 or Information Access. The determination of whether Telecommunications
 traffic is Exchange Access or Information Access shall be based upon
 Verizon’s local calling areas. Reciprocal Compensation Traffic does not
 include: (1) any Internet Traffic; (2) traffic that does not originate and
 terminate within the same Verizon local calling area as defined by Verizon;
 (3) Toll Traffic, including, but not limited to, calls originated on a 1+
 presubscription basis, or on a casual dialed (10XXX/101XXXX) basis; (4)
 Optional Extended Local Calling Arrangement Traffic; (5) special access,
 private line, Frame Relay, ATM, or any other traffic that is not switched by
 the terminating Party; (6) Tandem Transit Traffic; or, (7) Voice Information Service
 Traffic (as defined in Section 5 of the Additional Services Attachment). For
 the purposes of this definition, a Verizon local calling area includes a
 Verizon non-optional Extended Local Calling Scope Arrangement, but does not
 include a Verizon optional Extended Local Calling Scope Arrangement.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.83

 	
 Retail Prices.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 The prices at
 which a Service is provided by Verizon at retail to subscribers who are not
 Telecommunications Carriers.

 


37









	
  

 	
  

 	
  

 
	
  

 	
 2.84

 	
 Routing Point.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 A specific
 geographic point identified by a specific V&H coordinate. The Routing
 Point is used to route inbound traffic to specified NAP-NXXs and the Rate
 Center Point is used to calculate mileage measurements for distance-sensitive
 transport charges of switched access services. Pursuant to Telecordia
 Practice BR-795-100-100, the RateCenter Point may be an End Office location,
 or a “LEC Consortium Point Of Interconnection.” The Routing Point must be
 located within the LATA in which the corresponding NPA-NXX is located. However,
 the 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
 Routing Point corresponding to each unique and separate Rate Center Area.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.85

 	
 SCP (Service
 Control Point).

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 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 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.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.86

 	
 Service.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Any Interconnection
 arrangement, Network Element, Telecommunications Service, Collocation
 arrangement, or other service, facility or arrangement, offered for sale by a
 Party under this Agreement.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.87

 	
  (SONET)
 Synchronous Optical Network.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Synchronous electrical
 (STS) or optical channel (OC) connections between LECs.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.88

 	
 Signaling Point
 (SP).

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 A node in the CCS
 network that originates and/or receives signaling messages, or transfers
 signaling messages from one signaling link to another, or both.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.89

 	
 SSP (Service
 Switching Point).

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 A Signaling Point
 that can launch queries to databases and receive/interpret responses used to
 provide specific Customer services.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.90

 	
 SS7 (Signaling
 System 7).

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 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 D&E currently utilize this
 out-of-band signaling protocol.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.91

 	
 STP (Signal
 Transfer Point).

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 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

 


38









	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 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.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 2.92

 	
 Subsidiary.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 A corporation or
 other legal entity that is controlled by a Party.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 2.93

 	
 Switched Access
 Detail Usage Data.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 A category 1101XX
 record as defined in the EMI Bellcore Practice BR-010-200-010.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 2.94

 	
 Switched Access
 Summary Usage Data.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 A category 1150XX
 record as defined in the EMI Bellcore Practice BR-010-200-010.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 2.95

 	
 Switched Exchange
 Access Service.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 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, 800 access, 888 access and 900 access.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 2.96

 	
 Tandem Switches,

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 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 point of presence, and to provide Switched Exchange Access Services.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 2.97

 	
 Tariff.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 2.97.1

 	
 Any applicable
 Federal or state tariff of a Party, as amended from time-to-time; 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 2.97.2

 	
 Any standard
 agreement or other document, as amended from time-to-time, that sets forth
 the generally available terms, conditions and prices under which a Party
 offers a Service.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 The term “Tariff”
 does not include any Verizon statement of generally available terms (SGAT)
 which has been approved or is pending approval by the Commission pursuant to
 Section 252(f) of the Act.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 2.98

 	
 Telcordia
 Technologies.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Formerly known as
 Bell Communications Research, a wholly owned subsidiary of Science
 Applications International Corporation (SAIC). The organization conducts
 research and development projects for its owners, including development of
 new Telecommunications Services. Telcordia Technologies also provides generic
 requirements for the telecommunications industry for products, services and
 technologies.

 


39









	
  

 	
  

 	
  

 
	
  

 	
 2.99

 	
 Telecommunications
 Carrier.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Shall have the meaning
 set forth in the Act.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.100

 	
 Telecommunications
 Services.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Shall have the
 meaning set forth in the Act.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.101

 	
 Telephone Exchange
 Service.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Shall have the
 meaning set forth in the Act.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.102

 	
 Third Party Claim.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 A Claim where
 there is (a) a claim, demand, suit or action by a person who is not a Party,
 (b) a settlement with, judgment by, or liability to, a person who is not a
 Party, or (c) a fine or penalty imposed by a person who is not a Party.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.103

 	
 Toll Traffic.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 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 other Party’s network and is not
 Reciprocal Compensation Traffic, Measured Internet 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.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.104

 	
 Toxic or Hazardous
 Substance.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Toxic or Hazardous
 Substance means any substance designated or defined as toxic or hazardous
 under any “Environmental Law” or that pose a risk to human health or safety,
 or the environment, and products and materials containing such substance.
 “Environmental Laws” means the Comprehensive Environmental Response,
 Compensation, and Liability Act, the Emergency Planning and Community
 Right-to-Know Act, the Water Pollution Control Act, the Air Pollution Control
 Act, the Toxic Substances Control Act, the Resource Conservation and Recovery
 Act, the Occupational Safety and Health Act, and all other Federal, Sate or
 local laws or governmental regulations or requirements, that are similar to
 the above-referenced laws or that otherwise govern releases, chemicals,
 products, materials or wastes that may pose risks to human health or safety,
 or the environment, or that relate to the protection of wetlands or other
 natural resources.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.105

 	
 Traffic Factor 1.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 For traffic
 exchanged via Interconnection Trunks, a percentage calculated by dividing the
 number of minutes of interstate traffic (excluding Measured Internet Traffic)
 by the total number of minutes of interstate and intrastate traffic.
 ([Interstate Traffic Total Minutes of Use {excluding Measured Internet
 Traffic Total Minutes of Use} ÷ {Interstate Traffic Total Minutes of Use +
 Intrastate Traffic Total Minutes of Use}] x 100). Until the form of a Party’s
 bills is updated to use the term “Traffic Factor 1,” the term “Traffic Factor
 1” may be referred to on the Party’s bills and in billing related
 communications as “Percent Interstate Usage” or “PIU.”

 


40









	
  

 	
  

 	
  

 
	
  

 	
 2.106

 	
 Traffic Factor 2.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 For traffic
 exchanged via Interconnection Trunks, a percentage calculated by dividing the
 combined total number of minutes of Reciprocal Compensation Traffic and
 Measured Internet Traffic by the total number of minutes of intrastate
 traffic. ([{Reciprocal Compensation Traffic Total Minutes of Use + Measured
 Internet Traffic Total Minutes of Use} ÷ Intrastate Traffic Total Minutes of
 Use] x 100). Until the form of a Party’s bills is updated to use the term
 “Traffic Factor 2,” the term “Traffic Factor 2” may be referred to on the
 Party’s bills and in billing related communications as “Percent Local Usage”
 or “PLU.”

 
	
  

 	
  

 	
  

 
	
  

 	
 2.107

 	
 Trunk Side.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 A Central Office Switch
 connection that is capable of, and has been programmed to treat the circuit
 as, connecting to another switching entity, for example, to another carrier’s
 network. Trunk side connections offer those transmission and signaling
 features appropriate for the connection of switching entities and cannot be
 used for the direct connection of ordinary telephone station sets.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.108

 	
 Universal Digital
 Loop Carrier (UDLC).

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 UDLC arrangements
 consist of the Central Office Terminal and the Remote Terminal located in the
 outside plant or customer premises. The Central Office and the Remote
 Terminal units perform analog to digital conversions to allow the feeding
 facility to be digital. UDLC is deployed where the types of services to be
 provisioned by the systems cannot be integrated such as non-switched services
 and unbundled loops.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.109

 	
 Unbundled Network
 Element (UNE).

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 A Network Element
 that Verizon is obligated to provide to CLECs on an unbundled basis pursuant
 to Applicable Law.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.110

 	
 V and H
 Coordinates Method.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 A method of
 computing airline miles between two points by utilizing an established
 formula that is based on the vertical and horizontal coordinates of the two
 points.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.111

 	
 Voice Grade.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 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 “DS0” or “sub-DS1” may also be used.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.112

 	
 Wire Center.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 A building or
 portion thereof which serves as a Routing Point for Switched Exchange Access
 Service. The Wire Center serves as the premises for one or more Central
 Offices.

 


41






ADDITIONAL SERVICES ATTACHMENT


	
  

 	
  

 	
  

 
	
 1.

 	
 Alternate
 Billed Calls 

 
	
  

 	
  

 	
  

 
	
  

 	
 1.1

 	
 The Parties will
engage in settlements of intraLATA intrastate alternate-billed calls (e.g., collect, calling card, and
third-party billed calls) originated or authorized by their respective
Customers in accordance with an arrangement mutually agreed to by the
Parties.  

 
	
  

 	
  

 	
  

 
	
 2.

 	
 Dialing
 Parity - Section 251(b)(3) 

 
	
  

 	
  

 	
  

 
	
  

 	
 Each Party shall
 provide the other Party with nondiscriminatory access to such services and
 information as are necessary to allow the other Party to implement local
 Dialing Parity in accordance with the requirements of Section 251(b)(3) of
 the Act. 

 
	
  

 	
  

 	
  

 
	
 3.

 	
 Directory
 Assistance (DA) and Operator Services 

 
	
  

 	
  

 	
  

 
	
  

 	
 3.1

 	
 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 (0S), and/or directory
 assistance listings database. If either Party makes such a request, the
 Parties shall enter into a mutually acceptable written agreement for such
 access. 

 
	
  

 	
  

 	
  

 
	
  

 	
 3.2

 	
 D&E 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. 

 
	
  

 	
  

 	
  

 
	
 4.

 	
 Directory
 Listing and Directory Distribution 

 
	
  

 	
  

 	
  

 
	
  

 	
 To the extent
 required by Applicable Law, Verizon will provide directory services to
 D&E. Such services will be provided in accordance with the terms set
 forth herein. 

 
	
  

 	
  

 	
  

 
	
  

 	
 4.1

 	
 Listing
 Information. 

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 As used herein,
 “Listing Information” means a D&E Customer’s primary name, address
 (including city, state and zip code), telephone number(s), the delivery
 address and number of directories to be delivered, and, in the case of a
 business Customer, the primary business heading under which the business
 Customer desires to be placed, and any other information Verizon deems
 necessary for the publication and delivery of directories. 

 
	
  

 	
  

 	
  

 
	
  

 	
 4.2

 	
 Listing
 Information Supply.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 D&E shall
 provide to Verizon on a regularly scheduled basis, at no charge, and in a
 format required by Verizon or by a mutually agreed upon industry standard
 (e.g., Ordering and Billing Forum developed), all Listing Information and the
 service address for each D&E Customer whose service address location
 falls within the geographic area covered by the relevant Verizon directory.
 D&E shall also provide to Verizon on a daily basis, (a) information
 showing D&E Customers who have disconnected or terminated their service
 with D&E; and (b) delivery information for each non-listed or
 non-published D&E Customer to enable Verizon to perform it’s directory
 distribution responsibilities. Verizon shall promptly provide to D&E,
 (normally within forty-eight (48) hours of receipt by Verizon, excluding non-Business
 Days), a query on any listing that is not acceptable. 

 


42









	
  

 	
  

 	
  

 
	
  

 	
 4.3 

 	
 Listing Inclusion and Distribution.  

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Verizon shall
 include each D&E Customer’s Primary Listing in the appropriate
 alphabetical directory and, for business Customers, in the appropriate
 classified (Yellow Pages) directory in accordance with the directory
 configuration, scope and schedules determined by Verizon in its sole
 discretion, and shall provide initial distribution of such directories to
 such D&E Customers in the same manner it provides initial distribution of
 such directories to its own Customers. “Primary Listing” means a Customer’s
 primary name, address, and telephone number. Listings of D&E’s Customers
 shall be interfiled with listings of Verizon’s Customers and the Customers of
 other LECs included in the Verizon directories. D&E shall pay Verizon’s
 tariffed charges for additional and foreign alphabetical listings and other
 alphabetical services (e.g. caption arrangements) for D&E’s Customers. 

 
	
  

 	
  

 	
  

 
	
  

 	
 4.4 

 	
 Verizon
Information.  

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Upon request by
 D&E, Verizon shall make available to D&E the following information to
 the extent that Verizon provides such information to its own business offices
 a directory list of relevant NXX codes, directory and “Customer Guide” close
 dates, publishing data, and Yellow Pages headings. Verizon also will make
 available to D&E, upon written request, a copy of Verizon’s alphabetical
 listings standards and specifications manual. 

 
	
  

 	
  

 	
  

 
	
  

 	
 4.5 

 	
 Confidentiality
of Listing Information.  

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Verizon shall
 accord D&E Listing Information the same level of confidentiality that
 Verizon accords its own listing information, and shall use such Listing
 Information solely for the purpose of providing directory-related services;
 provided, however, that should Verizon elect to do so, it may use or license
 D&E Listing Information for directory publishing, direct marketing, or
 any other purpose for which Verizon uses or licenses its own listing
 information, so long as D&E Customers are not separately identified as
 such; and provided further that D&E may identify those of its Customers
 who request that their names not be sold for direct marketing purposes, and
 Verizon shall honor such requests to the same extent it does so for its own
 Customers. Verizon shall not be obligated to compensate D&E for Verizon’s
 use or licensing of D&E Listing Information. 

 
	
  

 	
  

 	
  

 
	
  

 	
 4.6 

 	
 Accuracy.  

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Both Parties shall
 use commercially reasonable efforts to ensure the accurate publication of
 D&E Customer listings. At D&E’s request, Verizon shall provide
 D&E with a report of all D&E 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 shall process any
 corrections made by D&E with respect to its listings, provided such
 corrections are received prior to the close date of the particular directory.
 

 
	
  

 	
  

 	
  

 
	
  

 	
 4.7 

 	
 Indemnification.  

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 D&E shall
 adhere to all practices, standards, and ethical requirements established by
 Verizon with regard to listings. By providing Verizon with Listing
 Information, D&E warrants to Verizon that D&E has the right to
 provide such Listing Information to Verizon on behalf of its Customers.
 D&E shall make commercially reasonable efforts to ensure that any business
 or person to be 

 


43









	
  

 	
  

 	
  

 
	
  

 	
  

 	
 listed is
 authorized and has the right (a) to provide the product or service offered,
 and (b) to use any personal or corporate name, trade name, trademark, service
 mark or language used in the listing. D&E 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
 publication or dissemination of the Listing Information as provided by
 D&E hereunder. 

 
	
  

 	
  

 	
  

 
	
  

 	
 4.8

 	
 Liability. 

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Verizon’s
 liability to D&E in the event of a Verizon error in or omission of a
 listing shall not exceed the lesser of the amount of charges actually paid by
 D&E for such listing or the amount by which Verizon would be liable to
 its own customer for such error or omission. D&E agrees to take all
 reasonable steps, including, but not limited to, entering into appropriate
 contractual provisions with its Customers, to ensure that its and Verizon’s
 liability to D&E’s Customers in the event of a Verizon error in or
 omission of a listing shall be subject to the same limitations of liability
 applicable between Verizon and its own Customers. 

 
	
  

 	
  

 	
  

 
	
  

 	
 4.9

 	
 Service
 Information Pages. 

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Verizon shall
 include all D&E NXX codes associated with the geographic areas to which
 each directory pertains, to the extent it does so for Verizon’s own NXX
 codes, in any lists of such codes that are contained in the general reference
 portion of each directory. D&E’s NXX codes shall appear in such lists in
 the same manner as Verizon’s NXX information. In addition, when D&E is
 authorized to, and is offering, local service to Customers located within the
 geographic area covered by a specific directory, at D&E’s request,
 Verizon shall include, at no charge, in the “Customer Guide” or comparable
 section of the applicable alphabetical directories, D&E’s critical
 contact information for D&E’s installation, repair and Customer service,
 as provided by D&E, and such other essential local service oriented
 information as is agreed to in writing by the Parties. Such critical contact
 information shall appear alphabetically by local exchange carrier and in
 accordance with Verizon’s generally applicable policies. D&E shall be
 responsible for providing the necessary information to Verizon by the
 applicable close date for each affected directory. 

 
	
  

 	
  

 	
  

 
	
  

 	
 4.10

 	
 Directory
 Publication. 

 
	
  

 	
  

 	
  

 
	
  

 	
  

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

 
	
  

 	
  

 	
  

 
	
  

 	
 4.11

 	
 Other Directory
 Services. 

 
	
  

 	
  

 	
  

 
	
  

 	
  

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

 
	
  

 	
  

 	
  

 
	
 5.

 	
 Information
 Services Traffic 

 
	
  

 	
  

 	
  

 
	
  

 	
 5.1

 	
 For purposes of
 this Section 5, Voice Information Services and Voice 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. Voice Information Services Traffic
 does not include any form of Internet Traffic. Voice Information Services
 Traffic 

 


44









	
  

 	
  

 	
  

 
	
  

 	
  

 	
 also does not
 include 555 traffic or similar traffic with AIN service interfaces, which
 traffic shall be subject to separate arrangements between the Parties. Voice
 Information services Traffic is not subject to Reciprocal Compensation
 charges under Section 7 of the Interconnection Attachment. 

 
	
  

 	
  

 	
  

 
	
  

 	
 5.2

 	
 If a D&E
 Customer is served by resold Verizon Telecommunications Service or a Verizon
 Local Switching UNE, subject to any call blocking feature used by D&E, to
 the extent reasonably feasible, Verizon will route Voice Information Services
 Traffic originating from such Service or UNE to the Voice Information Service
 platform. For such Voice Information Services Traffic, unless D&E has
 entered into an arrangement with Verizon to bill and collect Voice
 Information Services provider charges from D&E’s Customers, D&E shall
 pay to Verizon without discount the Voice Information Services provider
 charges. D&E shall pay Verizon such charges in full regardless of whether
 or not it collects such charges from its own Customers. 

 
	
  

 	
  

 	
  

 
	
  

 	
 5.3

 	
 D&E shall have
 the option to route Voice Information Services Traffic that originates on its
 own network to the appropriate Voice Information Services platform(s)
 connected to Verizon’s network. In the event D&E exercises such option,
 D&E will establish, at its own expense, a dedicated trunk group to the
 Verizon Voice Information Service serving switch. This trunk group will be
 utilized to allow D&E to route Voice Information Services Traffic
 originated on its network to Verizon. For such Voice Information Services
 Traffic, unless D&E has entered into an arrangement with Verizon to bill
 and collect Voice Information Services provider charges from D&E’s
 Customers, D&E shall pay to Verizon without discount the Voice
 Information Services provider charges. 

 
	
  

 	
  

 	
  

 
	
  

 	
 5.4

 	
 D&E shall pay
 Verizon such charges in full regardless of whether or not it collects charges
 for such calls from its own Customers. 

 
	
  

 	
  

 	
  

 
	
  

 	
 5.5

 	
 For variable rated
 Voice Information Services Traffic (e.g., NXX 550, 540, 976, 970, 940, as
 applicable) from D&E Customers served by resold Verizon
 Telecommunications Services or a Verizon Local Switching Network Element,
 D&E shall either (a) pay to Verizon without discount the Voice
 Information Services provider charges, or (b) enter into an arrangement with
 Verizon to bill and collect Voice Information Services provider charges from
 D&E’s Customers. 

 
	
  

 	
  

 	
  

 
	
  

 	
 5.6

 	
 Either Party may
 request the other Party provide the requesting Party with non discriminatory
 access to the other party’s information services platform, where such
 platform exists. If either Party makes such a request, the Parties shall
 enter into a mutually acceptable written agreement for such access. 

 
	
  

 	
  

 	
  

 
	
  

 	
 5.7

 	
 In the event
 D&E exercises such option, D&E will establish, at its own expense, a
 dedicated trunk group to the Verizon Information Service serving switch. This
 trunk group will be utilized to allow D&E to route information services
 traffic originated on its network to Verizon. 

 
	
  

 	
  

 	
  

 
	
 6.

 	
 Intercept
 and Referral Announcements 

 
	
  

 	
  

 	
  

 
	
  

 	
 6.1

 	
 When a Customer
 changes its service provider from Verizon to D&E, or from D&E 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 the Customer’s new number or other appropriate information, to
 the extent known to the Party formerly providing service. Notwithstanding the
 foregoing, a Party shall not be obligated under this Section to provide a Referral
 

 


45









	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Announcement if
 the Customer owes the Party unpaid overdue amounts or the Customer requests
 that no Referral Announcement be provided. 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 6.2

 	
 Referral
 Announcements shall be provided, in the case of business Customers, for a
 period of not less than one hundred and twenty (120) days after the date the
 Customer changes its telephone number, and, in the case of residential
 Customers, not less than thirty (30) days after the date the Customer changes
 its telephone number; provided that if a longer time period is required by
 Applicable Law, such longer time period shall apply. Except as otherwise
 provided by Applicable Law, the period for a referral may be shortened by the
 Party formerly providing service if a number shortage condition requires
 reassignment of the telephone number. 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 6.3

 	
 This referral
 announcement will be provided by each Party at no charge to the other Party;
 provided that the Party formerly providing service may bill the Customer its
 standard Tariff charge, if any, for the referral announcement. 

 
	
  

 	
  

 	
  

 	
  

 
	
 7.

 	
 Originating
 Line Number Screening (OLNS) 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 Upon request,
 Verizon will update its database used to provide originating line number
 screening (the database of information which indicates to an operator the
 acceptable billing methods for calls originating from the calling number
 (e.g., penal institutions, COCOTS). 

 
	
  

 	
  

 	
  

 	
  

 
	
 8.

 	
 Operations
 Support Systems (OSS) 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 8.1

 	
 Definitions. 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.1.1

 	
 Verizon Operations
 Support Systems: Verizon systems for pre-ordering, ordering,
 provisioning, maintenance and repair, and billing. 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.1.2

 	
 Verizon OSS
 Services: Access to Verizon Operations Support Systems functions. The term
 “Verizon OSS Services” includes, but is not limited to: (a) Verizon’s
 provision of D&E Usage Information to D&E pursuant to Section 8.1.3
 below; and, (b) “Verizon OSS Information”, as defined in Section 8.1.4 below.
 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.1.3

 	
 Verizon OSS
 Facilities: Any gateways, interfaces, databases, facilities, equipment,
 software, or systems, used by Verizon to provide Verizon OSS Services to
 D&E. 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.1.4

 	
 Verizon OSS
 Information: Any information accessed by, or disclosed or provided to, D&E
 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 a D&E Customer accessed by, or disclosed
 or provided to, D&E through or as a part of Verizon OSS Services; and,
 (b) any D&E Usage Information (as defined in Section 8.1.6 below)
 accessed by, or disclosed or provided to, D&E. 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.1.5

 	
 Verizon Retail
 Telecommunications Service: Any Telecommunications Service that Verizon
 provides at retail to subscribers that are not Telecommunications Carriers.
 The term “Verizon Retail Telecommunications Service” does not include any
 Exchange Access service (as defined in Section 3(16) of the Act, 47 U.S.C. §
 153(16)) provided by Verizon. 

 


46









	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.1.6

 	
 D&E Usage
 Information: The usage information for a Verizon Retail Telecommunications
 Service purchased by D&E under this Agreement that Verizon would record
 if Verizon was furnishing such Verizon Retail Telecommunications Service to a
 Verizon end-user retail Customer. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.1.7

 	
 Customer
 Information: CPNI of a Customer and any other non-public, individually
 identifiable information about a Customer or the purchase by a Customer of
 the services or products of a Party. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 8.2

 	
 Verizon OSS
 Services. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.2.1

 	
 Upon request by
 D&E, Verizon shall provide to D&E, pursuant to Section 251(c)(3) of
 the Act, 47 U.S.C. § 251(c)(3), Verizon OSS Services. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.2.2

 	
 Subject to the
 requirements of Applicable Law, Verizon Operations Support Systems, Verizon
 Operations Support Systems functions, Verizon OSS Facilities, Verizon OSS
 Information, and the Verizon OSS Services that will be offered by Verizon,
 shall be as determined by Verizon. Subject to the requirements of Applicable
 Law, Verizon shall have the right to change Verizon Operations Support
 Systems, Verizon Operations Support Systems functions, Verizon OSS
 Facilities, Verizon OSS Information, and the Verizon OSS Services, from
 time-to-time, without the consent of D&E. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 8.3

 	
 D&E Usage
 Information. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.3.1

 	
 Upon request by **
 CLEC, Verizon shall provide to D&E, pursuant to Section 251(c)(3) of the
 Act, 47 U.S.C. § 251(c)(3), D&E Usage Information. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.3.2

 	
 D&E Usage
 Information will be available to D&E through the following: 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 8.3.2.1

 	
 Daily Usage File
 on Data Tape. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 8.3.2.2

 	
 Daily Usage File
 through Network Data Mover (NDM). 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 8.3.2.3

 	
 Daily Usage File
 through Centralized Message Distribution System (CMDS) (Former Bell Atlantic
 service areas only). 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 8.3.2.4

 	
 D&E Usage
 Information will be provided in a Bellcore Exchange Message Records (EMI)
 format. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 8.3.2.5

 	
 Daily Usage File
 Data Tapes provided pursuant to Section 8.3.2.1 above will be issued each
 day, Monday through Friday, except holidays observed by Verizon. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.3.3

 	
 Except as stated
 in this Section 8.3, subject to the requirements of Applicable Law, the
 manner in which, and the frequency with which, D&E Usage Information will
 be provided to D&E shall be determined by Verizon. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 8.4

 	
 Access to and Use
 of Verizon OSS Facilities. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.4.1

 	
 Verizon OSS
 Facilities may be accessed and used by D&E only to the extent necessary
 for D&E’s access to and use of Verizon OSS Services 

 


47









	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 pursuant to the
 Agreement. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.4.2

 	
 Verizon OSS
 Facilities may be accessed and used by D&E only to provide Telecommunications
 Services to D&E Customers. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.4.3

 	
 D&E shall
 restrict access to and use of Verizon OSS Facilities to D&E. This Section
 8 does not grant to D&E any right or license to grant sublicenses to
 other persons, or permission to other persons (except D&E’s employees,
 agents and contractors, in accordance with Section 8.4.7 below), to access or
 use Verizon OSS Facilities. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.4.4

 	
 D&E shall not
 (a) alter, modify or damage the Verizon OSS Facilities (including, but not
 limited to, Verizon software), (b) copy, remove, derive, reverse engineer, or
 decompile, software from the Verizon OSS Facilities, or (c) obtain access
 through Verizon OSS Facilities to Verizon databases, facilities, equipment,
 software, or systems, which are not offered for D&E’s use under this
 Section 8. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.4.5

 	
 D&E shall
 comply with all practices and procedures established by Verizon for access to
 and use of Verizon OSS Facilities (including, but not limited to, Verizon
 practices and procedures with regard to security and use of access and user
 identification codes). 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.4.6

 	
 All practices and
 procedures for access to and use of Verizon OSS Facilities, and all access
 and user identification codes for Verizon OSS Facilities: (a) shall remain
 the property of Verizon; (b) shall be used by D&E only in connection with
 D&E’s use of Verizon OSS Facilities permitted by this Section 8; (c)
 shall be treated by D&E as Confidential Information of Verizon pursuant
 to Section 10 of the Agreement; and, (d) shall be destroyed or returned by
 D&E to Verizon upon the earlier of request by Verizon or the expiration
 or termination of the Agreement. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.4.7

 	
 D&E’s
 employees, agents and contractors may access and use Verizon OSS Facilities
 only to the extent necessary for D&E’s access to and use of the Verizon
 OSS Facilities permitted by this Agreement. Any access to or use of Verizon
 OSS Facilities by D&E’s employees, agents, or contractors, shall be
 subject to the provisions of the Agreement, including, but not limited to,
 Section 10 of the Agreement and Section 8.5.2.3 of this Attachment. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 8.5

 	
 Verizon OSS
 Information. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.5.1

 	
 Subject to the
 provisions of this Section 8 and Applicable Law, Verizon grants to D&E a
 non-exclusive license to use Verizon OSS Information. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.5.2

 	
 All Verizon OSS
 Information shall at all times remain the property of Verizon. Except as
 expressly stated in this Section 8, D&E shall acquire no rights in or to
 any Verizon OSS Information. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 8.5.2.1

 	
 The provisions of
 this Section 8.5.2 shall apply to all Verizon OSS Information, except (a)
 D&E Usage Information, (b) CPNI of D&E, and (c) CPNI of a Verizon
 Customer or a D&E Customer, to the extent the Customer has authorized
 D&E to use the Customer Information. 

 


48









	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 8.5.2.2

 	
 Verizon OSS
 Information may be accessed and used by D&E only to provide
 Telecommunications Services to D&E Customers. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 8.5.2.3

 	
 D&E shall
 treat Verizon OSS Information that is designated by Verizon, through written
 or electronic notice (including, but not limited to, through the Verizon OSS
 Services), as “Confidential” or “Proprietary” as Confidential Information of
 Verizon pursuant to Section 10 of the Agreement. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 8.5.2.4

 	
 Except as
 expressly stated in this Section 8, this Agreement does not grant to D&E
 any right or license to grant sublicenses to other persons, or permission to
 other persons (except D&E’s employees, agents or contractors, in
 accordance with Section 8.5.2.5 below, to access, use or disclose Verizon OSS
 Information. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 8.5.2.5

 	
 D&E’s
 employees, agents and contractors may access, use and disclose Verizon OSS
 Information only to the extent necessary for D&E’s access to, and use and
 disclosure of, Verizon OSS Information permitted by this Section 8. Any
 access to, or use or disclosure of, Verizon OSS Information by D&E’s
 employees, agents or contractors, shall be subject to the provisions of this
 Agreement, including, but not limited to, Section 10 of the Agreement and
 Section 8.5.2.3 above. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 8.5.2.6

 	
 D&E’s license
 to use Verizon OSS Information shall expire upon the earliest of: (a) the
 time when the Verizon OSS Information is no longer needed by D&E to
 provide Telecommunications Services to D&E Customers; (b) termination of
 the license in accordance with this Section 8; or (c) expiration or
 termination of the Agreement. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 8.5.2.7

 	
 All Verizon OSS
 Information received by D&E shall be destroyed or returned by D&E to
 Verizon, upon expiration, suspension or termination of the license to use
 such Verizon OSS Information. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.5.3

 	
 Unless sooner
 terminated or suspended in accordance with the Agreement or this Section 8
 (including, but not limited to, Section 2.2 of the Agreement and Section
 8.6.1 below), D&E’s access to Verizon OSS Information through Verizon OSS
 Services shall terminate upon the expiration or termination of the Agreement.
 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 8.5.3.1

 	
 Verizon shall have
 the right (but not the obligation) to audit D&E to ascertain whether
 D&E is complying with the requirements of Applicable Law and this
 Agreement with regard to D&E’s access to, and use and disclosure of,
 Verizon OSS Information. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 8.5.3.2

 	
 Without in any way
 limiting any other rights Verizon may have under the Agreement or Applicable
 Law, Verizon shall have the right (but not the obligation) to monitor
 D&E’s access to and use of Verizon OSS Information which is made
 available by Verizon to D&E pursuant to this Agreement, to ascertain
 whether D&E is complying with the requirements of Applicable 

 


49









	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 Law and this Agreement,
 with regard to D&E’s access to, and use and disclosure of, such Verizon
 OSS Information. The foregoing right shall include, but not be limited to,
 the right (but not the obligation) to electronically monitor D&E’s access
 to and use of Verizon OSS Information which is made available by Verizon to
 D&E through Verizon OSS Facilities.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 8.5.3.3

 	
 Information
 obtained by Verizon pursuant to this Section 8.5.3.3 shall be treated by
 Verizon as Confidential Information of D&E pursuant to Section 10 of the
 Agreement; provided that, Verizon shall have the right (but not the
 obligation) to use and disclose information obtained by Verizon pursuant to
 this Section 8.5.3.3 to enforce Verizon’s rights under the Agreement or
 Applicable Law. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 8.6

 	
 Liabilities and
 Remedies. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.6.1

 	
 Any breach by
 D&E, or D&E’s employees, agents or contractors, of the provisions of
 Sections 8.4 or 8.5 above shall be deemed a material breach of the Agreement.
 In addition, if D&E or an employee, agent or contractor of D&E at any
 time breaches a provision of Sections 8.4 or 8.5 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 D&E, to suspend the license to use Verizon
 OSS Information granted by Section 8.5.1 above and/or the provision of
 Verizon OSS Services, in whole or in part. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.6.2

 	
 D&E agrees
 that Verizon would be irreparably injured by a breach of Sections 8.4 or 8.5
 above by D&E or the employees, agents or contractors of D&E, 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. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 8.7

 	
 Relation to
 Applicable Law. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 The provisions of
 Sections 8.4, 8.5 and 8.6 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. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 8.8

 	
 Cooperation. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 D&E, at
 D&E’s expense, shall reasonably cooperate with Verizon in using Verizon
 OSS Services. Such cooperation shall include, but not be limited to, the
 following: 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.8.1

 	
 Upon request by
 Verizon, D&E shall by no later than the fifteenth (15th) day of each
 calendar month submit to Verizon reasonable, good faith estimates (by central
 office or other Verizon office or geographic area designated by Verizon) of
 the volume of each Verizon Retail Telecommunications Service for which
 D&E anticipates submitting 

 


50









	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 orders in
 each week of the next calendar month.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.8.2

 	
 D&E
 shall reasonably cooperate with Verizon in submitting orders for Verizon
 Retail Telecommunications Services and otherwise using the Verizon OSS
 Services, in order to avoid exceeding the capacity or capabilities of such
 Verizon OSS Services.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.8.3

 	
 D&E
 shall participate in cooperative testing of Verizon OSS Services and shall
 provide assistance to Verizon in identifying and correcting mistakes,
 omissions, interruptions, delays, errors, defects, faults, failures, or other
 deficiencies, in Verizon OSS Services.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 
	
  

 	
 8.9

 	
 Verizon
 Access to Information Related to D&E Customers.

 
	
  

 	
  

 
	
  

 	
  

 	
 8.9.1

 	
 Verizon
 shall have the right to access, use and disclose information related to
 D&E Customers that is in Verizon’s possession (including, but not limited
 to, in Verizon OSS Facilities) to the extent such access, use and/or
 disclosure has been authorized by the D&E Customer in the manner required
 by Applicable Law.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.9.2

 	
 Upon request
 by Verizon, D&E shall negotiate in good faith and enter into a contract
 with Verizon, pursuant to which Verizon may obtain access to D&E’s
 operations support systems (including, systems for pre-ordering, ordering,
 provisioning, maintenance and repair, and billing) and information contained
 in such systems, to permit Verizon to obtain information related to D&E
 Customers (as authorized by the applicable D&E Customer), to permit
 Customers to transfer service from one Telecommunications Carrier to another,
 and for such other purposes as may be permitted by Applicable Law.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 8.10

 	
 Verizon
 Pre-OSS Services.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.10.1

 	
 As used in
 this Section 8, “Verizon Pre-OSS Service” means a service which allows the
 performance of an activity which is comparable to an activity to be performed
 through a Verizon OSS Service and which Verizon offers to provide to D&E
 prior to, or in lieu of, Verizon’s provision of the Verizon OSS Service to
 D&E. The term “Verizon Pre-OSS Service” includes, but is not limited to,
 the activity of placing orders for Verizon Retail Telecommunications Services
 through a telephone facsimile communication.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.10.2

 	
 Subject to
 the requirements of Applicable Law, the Verizon Pre-OSS Services that will be
 offered by Verizon shall be as determined by Verizon and Verizon shall have
 the right to change Verizon Pre-OSS Services, from time-to-time, without the
 consent of D&E.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.10.3

 	
 Subject to
 the requirements of Applicable Law, the prices for Verizon Pre-OSS Services
 shall be as determined by Verizon and shall be subject to change by Verizon
 from time-to-time.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.10.4

 	
 The
 provisions of Sections 8.4 through 8.8 above shall also apply to Verizon
 Pre-OSS Services. For the purposes of this Section 8.10: (a) references in
 Sections 8.4 through 8.8 above to Verizon OSS Services shall be deemed to
 include Verizon Pre-OSS Services; and, (b) references in Sections 8.4 through
 8.8 above to Verizon OSS Information

 


51









	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 shall be
 deemed to include information made available to D&E through Verizon
 Pre-OSS Services.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.10.5

 	
 D&E
 acknowledges that the Verizon OSS Information, by its nature, is updated and
 corrected on a continuous basis by Verizon, and therefore that Verizon OSS
 Information is* subject to change from time to time.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 8.11

 	
 Cancellations.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Verizon may
 cancel orders for service which have had no activity within thirty-one (31)
 consecutive calendar days after the original service date. (Certain complex
 UNEs and UNEs requiring facility build-outs that may take longer than
 thirty-one (31) days to provision will be excluded from this provision).

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 9.

 	
 Poles, Ducts, Conduits and Rights-of-Way

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 To the
 extent required by Applicable Law (including, but not limited to, Sections
 224, 251(b)(4) and 271(c)(2)(B)(iii) of the Act), each Party (“Providing
 Party”) shall afford the other Party non-discriminatory access to poles,
 ducts, conduits and rights-of-way owned or controlled by the Providing Party.
 Such access shall be provided in accordance with Applicable Law pursuant to
 the Providing Party’s applicable Tariffs, or, in the absence of an applicable
 Providing Party Tariff, the Providing Party’s generally offered form of
 license agreement, or, in the absence of such a Tariff and license agreement,
 a mutually acceptable agreement to be negotiated by the Parties.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 10.

 	
 Telephone Numbers

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 10.1

 	
 This Section
 applies in connection with D&E Customers served by Telecommunications
 Services provided by Verizon to D&E for resale or a Local Switching
 Network Element provided by Verizon to D&E.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 10.2

 	
 D&E’s
 use of telephone numbers shall be subject to Applicable Law the rules of the
 North American Numbering Council and the North American Numbering Plan
 Administrator, the applicable provisions of this Agreement (including, but
 not limited to, this Section 10), and Verizon’s practices and procedures for
 use and assignment of telephone numbers, as amended from time-to-time.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 10.3

 	
 Subject to
 Sections 10.2 and 10.4, if a Customer of either Verizon or D&E who is
 served by a Verizon Telecommunications Service (“VTS”) or a Verizon Local
 Switching Network Element (“VLSNE”) changes the LEC that serves the Customer
 using such VTS or VLSNE (including a change from Verizon to D&E, from
 D&E to Verizon, or from D&E to a LEC other than Verizon), after such
 change, the Customer may continue to use with such VTS or VLSNE the telephone
 numbers that were assigned to the VTS or VLSNE for the use of such Customer
 by Verizon immediately prior to the change.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 10.4

 	
 Verizon
 shall have the right to change the telephone numbers used by a Customer if at
 any time: (a) the Customer requests service at a new location, that is not
 served by the Verizon switch and the Verizon rate center from which the
 Customer previously had service; (b) continued use of the telephone numbers
 is not technically feasible; or, (c) in the case of Telecommunications
 Service provided by Verizon to D&E for resale, the type or class of
 service subscribed to by the Customer changes.

 


52









	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 10.5

 	
 If service
 on a VTS or VLSNE provided by Verizon to D&E under this Agreement is
 terminated and the telephone numbers associated with such VTS or VLSNE have
 not been ported to a D&E switch, the telephone numbers shall be available
 for reassignment by Verizon to any person to whom Verizon elects to assign
 the telephone numbers, including, but not limited to, Verizon, Verizon
 Customers, D&E, or Telecommunications Carriers other than Verizon and
 D&E. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 10.6

 	
 D&E may
 reserve telephone numbers only to the extent Verizon’s Customers may reserve
 telephone numbers. 

 


53






INTERCONNECTION
ATTACHMENT


	
  

 	
  

 	
  

 	
  

 	
  

 
	
 1.

 	
 General

 
	
  

 	
  

 
	
  

 	
 Each Party
 (“Providing Party”) shall provide to the other Party, in accordance with this
 Agreement and Applicable Law, interconnection with the Providing Party’s
 network for the transmission and routing of Telephone Exchange Service and
 Exchange Access.

 
	
  

 	
  

 
	
 2.

 	
 Points
 of Interconnection (POI) and Trunk Types 

 
	
  

 	
  

 
	
  

 	
 2.1

 	
 Points of
 Interconnection (“POI”).

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 2.1.1

 	
 In accordance with
 but only to the extent required by Applicable Law, the Parties shall provide interconnection
 of their networks at any technically feasible point as specified in this
 Agreement. 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 2.1.2

 	
 Each Party
 (“Originating Party”), at its own expense, shall provide for delivery to the
 relevant IP of the other Party (“Receiving Party”) Reciprocal Compensation
 Traffic and Measured Internet Traffic that the Originating Party wishes to
 deliver to the Receiving Party.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 2.1.3

 	
 D&E may
 specify any of the following methods for interconnection with Verizon:

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 2.1.3.1

 	
 a Collocation node
 D&E has established at the Verizon-IP pursuant to the Collocation
 Attachment; and/or

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 2.1.3.2

 	
 a Collocation node
 that has been established separately at the Verizon-IP by a third party with
 whom D&E has contracted for such purposes; and/or

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 2.1.3.3

 	
 an Entrance
 Facility and transport leased from Verizon (and any necessary multiplexing)
 pursuant to the applicable Verizon access Tariff, from the D&E POI to the
 Verizon-IP.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 2.1.4

 	
 Verizon may
 specify any of the following methods for interconnection with D&E:

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 2.1.4.1

 	
 interconnection at
 a Collocation node that D&E has established at the Verizon-IP pursuant to
 the Collocation Attachment; and/or

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 2.1.4.2

 	
 interconnection at
 a Collocation node that has been established separately at the Verizon-IP by
 a third party and that is used by D&E; and/or

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 2.1.4.3

 	
 a Collocation node
 or other operationally equivalent arrangement Verizon established at the
 D&E-IP; and/or

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 2.1.4.4

 	
 a Collocation node
 established separately at the D&E-IP by a third party with whom Verizon
 has contracted for such purposes; and/or

 


54









	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 2.1.4.5

 	
 an Entrance
 Facility leased from D&E (and any necessary multiplexing), to the
 D&E-IP.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.2

 	
 Trunk Types.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 2.2.1

 	
 In interconnecting
 their networks pursuant to this Attachment, the Parties’ will use, as
 appropriate, the following separate and distinct trunk groups: 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 2.2.1.1

 	
 Interconnection
 Trunks for the transmission and routing of Reciprocal Compensation Traffic,
 translated LEC IntraLATA toll free service access code (e.g., 800/888/877)
 traffic, and IntraLATA Toll Traffic, between their respective Telephone
 Exchange Service Customers pursuant to Section 252(c)(2) of the Act, Tandem
 Transit Traffic, and, Measured Internet Traffic, all in accordance with
 Sections 5 through 8 of this Attachment;

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 2.2.1.2

 	
 Access Toll
 Connecting Trunks for the transmission and routing of Exchange Access
 traffic, including translated InterLATA toll free service access code (e.g.,
 800/888/877) traffic, between D&E 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 Sections
 8 through 10 of this Attachment; and

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 2.2.1.3

 	
 Miscellaneous
 Trunk Groups as mutually agreed to by the Parties, including, but not limited
 to: (a) choke trunks for traffic congestion and testing; and, (b)
 untranslated IntraLATA/InterLATA toll free service access code (e.g.
 800/888/877) traffic.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 2.2.2

 	
 Other types of
 trunk groups may be used by the Parties as provided in other Attachments to
 this Agreement (e.g., 911/E911 Trunks; Information Services Trunks) or in
 other separate agreements between the Parties (e.g., Directory Assistance
 Trunks, Operator Services Trunks, BLV/BLVI Trunks).

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 2.2.3

 	
 Except as
 otherwise provided in this Agreement, the Parties will mutually agree upon
 where One Way Interconnection Trunks (trunks with traffic going in one
 direction, including one-way trunks and uni-directional two-way trunks)
 and/or Two Way Interconnection Trunks (trunks with traffic going in both
 directions) will be deployed.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 2.2.4

 	
 In the event the
 traffic volume between a Verizon End Office and the D&E POI, which is
 carried by a Final Tandem Interconnection Trunk group, exceeds the CCS busy
 hour equivalent of one (1) DS-1 at any time and/or 200,000 combined minutes
 of use for a single month: (a) if One-Way Interconnection Trunks are used,
 the originating Party shall promptly establish new End Office One-Way
 Interconnection Trunk groups between the Verizon End Office and the POI; or,
 (b) if Two-Way Interconnection Trunks are used, then D&E shall promptly
 submit an ASR to Verizon to establish new End Office Two-Way Interconnection
 Trunk groups between that Verizon End Office and the POI.

 


55









	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 2.3

 	
 One Way
 Interconnection Trunks.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 2.3.1

 	
 D&E shall
 provide its own facilities or purchase transport for the delivery of traffic
 to any Collocation arrangement it establishes at a Verizon-IP pursuant to the
 Collocation Attachment. 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 2.3.2

 	
 D&E may order
 from Verizon any of the interconnection methods specified above in accordance
 with the rates and charges, order intervals, and other terms and conditions
 in this Agreement, in any applicable Tariff(s), or as may be otherwise agreed
 to between the Parties.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 2.3.3

 	
 Verizon shall
 provide its own facilities or purchase necessary transport for the delivery
 of traffic to any Collocation node it establishes at a D&E-IP. 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 2.3.4

 	
 Verizon may order
 from D&E 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.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 2.3.5

 	
 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. 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 2.3.6

 	
 If 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 and IntraLATA toll traffic to the other Party’s IP. 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 2.4

 	
 Two-Way
 Interconnection Trunks.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 2.4.1

 	
 Where the Parties
 have agreed to use Two Way Interconnection Trunks, prior to ordering any
 Two-Way Interconnection Trunks from Verizon, D&E shall meet with Verizon
 to conduct a joint planning meeting (“Joint Planning Meeting”). At that Joint
 Planning Meeting, each Party shall provide to the other Party originating CCS
 (Hundred Call Second) information, and the Parties shall mutually agree on
 the appropriate initial number of Two-Way End Office and Tandem
 Interconnection Trunks and the interface specifications at the Point of
 Interconnection (POI).

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 2.4.2

 	
 Two-Way Interconnection
 Trunks shall be from a Verizon End Office or Tandem to a mutually agreed upon
 POI. Where D&E is collocated in a Verizon Wire Center, the POI shall be
 at the Verizon Wire Center.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 2.4.3

 	
 On a semi-annual
 basis, D&E shall submit a good faith forecast to Verizon of the number of
 End Office and Tandem Two-Way Interconnection Trunks that D&E anticipates
 that Verizon will need to provide during the ensuing two (2) year period.
 D&E’s trunk forecasts shall conform to the Verizon CLEC trunk forecasting
 guidelines as in effect at that time.

 


56









	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 2.4.4

 	
 The Parties shall
 meet (telephonically or in person) from time to time, as needed, to review
 data on End Office and Tandem Two-Way Interconnection Trunks to determine the
 need for new trunk groups and to plan any necessary changes in the number of
 Two-Way Interconnection Trunks.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 2.4.5

 	
 Two-Way
 Interconnection Trunks shall have SS7 Common Channel Signaling. The Parties
 agree to utilize B8ZS and Extended Super Frame (ESF) DS1 facilities, where available.
 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 2.4.6

 	
 With respect to
 End Office Two-Way Interconnection Trunks, both Parties shall use an economic
 CCS equal to five (5).

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 2.4.7

 	
 Two-Way
 Interconnection Trunk groups that connect to a Verizon access Tandem shall be
 engineered using a design blocking objective of Neal-Wilkenson B.005 during
 the average time consistent busy hour; Two-Way Interconnection Trunk groups
 that connect to a Verizon local Tandem shall be engineered using a design
 blocking objective of Neal Wilkenson B.01 during the average time consistent
 busy hour. Verizon and D&E shall engineer Two-Way Interconnection Trunks
 using national standards.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 2.4.8

 	
 D&E shall
 determine and order the number of Two-Way Interconnection Trunks that are
 required to meet the applicable design blocking objective for all traffic
 carried on each Two-Way Interconnection Trunk group. D&E shall order
 Two-Way Interconnection Trunks by submitting ASRs to Verizon setting forth
 the number of Two-Way Interconnection Trunks to be installed and the
 requested installation dates within Verizon’s effective standard intervals or
 negotiated intervals, as appropriate. D&E shall complete ASRs in
 accordance with Ordering and Billing Forum Guidelines as in effect from time
 to time. 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 2.4.9

 	
 Verizon may
 monitor Two-Way Interconnection Groups using service results for the
 applicable design blocking objective. If Verizon observes blocking in excess
 of the applicable design objective on any final Two-Way Interconnection Trunk
 group and D&E has not notified Verizon that it has corrected such
 blocking, Verizon may submit to D&E a Trunk Group Service Request
 directing D&E to remedy the blocking. Upon receipt of a Trunk Group
 Service Request, D&E will complete an ASR to augment the Two-Way Interconnection
 Group with excessive blocking and submit the ASR to Verizon within five (5)
 business days.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 2.4.10

 	
 Any Tandem Two-Way
 Interconnection Trunk group between the D&E’s POI and a Verizon Tandem
 will be limited to a maximum of 240 trunks unless otherwise agreed to by the
 Parties. In the event that any Tandem Two-Way Interconnection Trunk group
 exceeds the 240 trunk level at any time, D&E shall promptly submit an ASR
 to Verizon to establish new or additional End Office Trunk groups to insure
 that such Tandem Two-Way Interconnection Trunk group does
 not exceed the 240 trunk level.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 2.4.11

 	
 The Parties will
 review all Tandem Two-Way Interconnection Trunk groups that reach a
 utilization level of seventy percent (70%), or greater, to determine whether
 those groups should be augmented. D&E will promptly augment all Tandem
 Two-Way Interconnection 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 

 


57









	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 seventy percent
 (70%), unless the Parties agree that additional trunking is not required. For
 each Tandem Two-Way Interconnection Trunk group with a utilization level of
 less than sixty percent (60%), unless the Parties agree otherwise, D&E will
 promptly submit ASRs to disconnect a sufficient number of Interconnection
 Trunks to attain a utilization level of approximately sixty percent (60%) for
 each respective group. In the event D&E fails to submit an ASR for
 Two-Way Interconnection Trunks in conformance with this section, Verizon may
 bill D&E for the excess Interconnection Trunks at the applicable rates
 provided for in the Pricing Attachment.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 2.4.12

 	
 The performance
 standard on final Two-Way Interconnection Trunks shall be that no such
 Interconnection Trunk group will exceed its design blocking objective (B.005
 or B.01, as applicable) for three (3) consecutive calendar traffic study
 months.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 2.4.13

 	
 Because Verizon
 will not be in control of the timing and sizing of the Two-Way Interconnection
 Trunks between its network and D&E’s network, Verizon’s performance on
 these Two-Way Interconnection Trunk groups shall not be subject to any
 performance measurements and remedies under this Agreement, and, except as
 otherwise required by Applicable Law, under any FCC or Commission approved
 carrier-to-carrier performance assurance guidelines or plan.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 2.4.14

 	
 Upon three (3)
 months prior written notice and with the mutual agreement of the Parties,
 either Party may withdraw its traffic from a Two-Way Interconnection Trunk
 group and install One-Way Interconnection Trunks to the applicable POI. 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 2.4.15

 	
 Notwithstanding
 any other provision of this Agreement, Two-Way Interconnection Trunks shall
 carry only Reciprocal Compensation Traffic, IntraLATA Toll Traffic and
 Measured Internet Traffic.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 2.4.16

 	
 D&E will route
 its traffic to Verizon over the End Office and Tandem Two-Way Interconnection
 Trunks in accordance with SR-TAP192, including but not limited to those
 standards requiring that a call from D&E to a Verizon End Office will
 first be routed to the End Office Interconnection Trunk group between D&E
 and the Verizon End Office.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 2.4.17

 	
 When the Parties
 implement Two-Way Interconnection Trunks, the Parties will work cooperatively
 to calculate a Proportionate Percentage of Use or “PPU” factor, based on the
 total number of minutes of Traffic that each Party originates over the
 Two-Way Interconnection Trunks. D&E will pay a percentage of Verizon’s
 monthly recurring charges for the facility on which the Two-Way
 Interconnection Trunks ride equal to D&E’s percentage of use of the
 facility as shown by the PPU. The PPU shall not be applied to calculate the
 charges for any portion of a facility that is on D&E’s side of D&E’s-IP,
 which charges shall be solely the financial responsibility of D&E.
 Non-recurring charges for the facility on which the Two-Way Interconnection
 Trunks ride shall be apportioned as follows: (a) for the portion of the
 Trunks on Verizon’s side of the D&E-IP, the non-recurring charges shall
 be divided equally between the Parties; and, (b) for the portion of the
 Trunks on D&E’s side of the D&E-IP, D&E shall be solely
 responsible for the non-recurring charges. Notwithstanding the foregoing
 provisions of this Section 2.4.18, if D&E fails to provide IPs in
 accordance with Section 7.1 of this Agreement, 

 


58









	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 D&E will be
 responsible for one hundred percent (100%) of all recurring and non-recurring
 charges associated with Two-Way Interconnection Trunk groups until D&E
 establishes such IPs.

 
	
  

 	
  

 	
  

 	
  

 
	
 3.

 	
 Alternative
 Interconnection Arrangements

 
	
  

 	
  

 
	
  

 	
 3.1

 	
 In addition to the
 foregoing methods of Interconnection, and subject to mutual agreement of the
 Parties, the Parties may agree to establish an End Point Fiber Meet arrangement,
 which may include a SONET backbone with an optical interface at the OC-n
 level in accordance with the terms of this Section. The Fiber Distribution
 Frame at the D&E location shall be designated as the POI for both
 Parties.

 
	
  

 	
  

 	
  

 
	
  

 	
 3.2

 	
 The establishment of
 any End Point Fiber Meet arrangement is expressly conditioned upon the
 Parties’ reaching prior written agreement on routing, appropriate sizing and
 forecasting, equipment, ordering, provisioning, maintenance, repair, testing,
 augment, and compensation, procedures and arrangements, reasonable distance
 limitations, and on any other arrangements necessary to implement the End
 Point Fiber Meet arrangement.

 
	
  

 	
  

 	
  

 
	
  

 	
 3.3

 	
 Except as
 otherwise agreed by the Parties, End Point Fiber Meet arrangements shall be
 used only for the termination of Reciprocal Compensation Traffic, Measured
 Internet Traffic, and IntraLATA Toll Traffic.

 
	
  

 	
  

 	
  

 
	
 4.

 	
 Initiating
 Interconnection

 
	
  

 	
  

 
	
  

 	
 4.1

 	
 If D&E
 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, D&E shall provide written notice to Verizon of the need to
 establish Interconnection in such LATA pursuant to this Agreement.

 
	
  

 	
  

 	
  

 
	
  

 	
 4.2

 	
 The notice
 provided in Section 4.1 shall include (a) the initial Routing Point(s); (b)
 the applicable D&E-IPs to be established in the relevant LATA in
 accordance with this Agreement; (c) D&E’s intended Interconnection
 activation date; and (d) a forecast of D&E’s trunking requirements
 conforming to Section 14.3; and (e) such other information as Verizon shall
 reasonably request in order to facilitate Interconnection.

 
	
  

 	
  

 	
  

 
	
  

 	
 4.3

 	
 The
 interconnection activation date in the new LATA shall be mutually agreed to
 by the Parties after receipt by Verizon of all necessary information as
 indicated above. Within ten (10) business days of Verizon’s receipt of
 D&E’s notice provided for in Section 4.1, Verizon and D&E shall
 confirm the Verizon-IP(s), the D&E-IP(s) and the mutually agreed upon
 Interconnection activation date for the new LATA. 

 
	
  

 	
  

 	
  

 
	
 5.

 	
 Transmission
 and Routing of Telephone Exchange Service Traffic

 
	
  

 	
  

 
	
  

 	
 5.1

 	
 Scope of Traffic.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Section 5
 prescribes parameters for Interconnection Trunks used for Interconnection
 pursuant to Sections 1 through 4 of this Attachment.

 
	
  

 	
  

 	
  

 
	
  

 	
 5.2

 	
 Trunk Group
 Connections and Ordering.

 


59









	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 5.2.1

 	
 Both Parties shall
 use either a DS-1 or DS-3 interface at the POI. Upon mutual agreement, the
 Parties may use other types of interfaces, such as STS-1, at the POI, when
 and where available. When Two-Way Interconnection Trunks are provisioned
 using a DS-3 interface facility, D&E shall order the multiplexed DS-3
 facilities to the Verizon Central Office that is designated in the NECA 4
 Tariff as an Intermediate Hub location, unless otherwise agreed to in writing
 by Verizon. The specific NECA 4 Intermediate Hub location to be used for
 Two-Way Interconnection Trunks shall be in the appropriate Tandem subtending
 area based on the LERG. In the event the appropriate DS-3 Intermediate Hub is
 not used, then D&E shall pay 100% of the facility charges for the Two-Way
 Interconnection Trunks. 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 5.2.2

 	
 Each Party will
 identify its Carrier Identification Code, a three or four digit numeric code
 obtained from Telcordia, 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.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 5.2.4

 	
 Each Party will
 use commercially reasonable efforts to monitor trunk groups under its control
 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 Attachment.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 5.2.5

 	
 Switching System
 Hierarchy and Trunking Requirements. For purposes of routing D&E traffic to
 Verizon, the subtending arrangements between Verizon Tandem Switches and
 Verizon End Office Switches shall be the same as the Tandem/End Office
 subtending arrangements Verizon maintains for the routing of its own or other
 carriers’ traffic. For purposes of routing Verizon traffic to D&E, the
 subtending arrangements between D&E Tandem Switches and D&E End Office
 Switches shall be the same as the Tandem/End Office subtending arrangements
 which D&E maintains for the routing of its own or other carriers’
 traffic.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 5.2.6

 	
 Signaling. Each Party will provide the
 other Party with access to its databases and associated signaling necessary
 for the routing and completion of the other Party’s traffic in accordance
 with the provisions contained in the Unbundled Network Element Attachment or
 applicable access tariff.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 5.2.7

 	
 Grades of Service. The Parties shall initially engineer
 and shall monitor and augment all trunk groups consistent with the Joint
 Process as set forth in Section 14.1.

 
	
  

 	
  

 	
  

 	
  

 
	
 6.

 	
 Traffic
 Measurement and Billing over Interconnection Trunks

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 6.1

 	
 For billing
 purposes, each Party shall pass Calling Party Number (CPN) information on at
 least ninety-five percent (95%) of calls carried over the Interconnection
 Trunks.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 6.1.1

 	
 As used in this
 Section 6, “Traffic Rate” means the applicable Reciprocal Compensation
 Traffic rate, Measured Internet Traffic rate, intrastate Switched Exchange 

 


60









	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 Access Service
 rate, interstate Switched Exchange Access Service rate, or
 intrastate/interstate Tandem Transit Traffic rate, as provided in the Pricing
 Attachment, an applicable Tariff, or, for Measured Internet Traffic, the FCC
 Internet Order.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 6.1.2

 	
 If the originating
 Party passes CPN on ninety-five percent (95%) or more of its calls, the
 receiving Party shall bill the originating Party the Traffic Rate applicable
 to each relevant minute of traffic for which CPN is passed. For any remaining
 (up to 5%) calls without CPN information, the receiving Party shall bill the
 originating Party for such traffic at the Traffic Rate applicable to each
 relevant minute of traffic, in direct proportion to the minutes of use of
 calls passed with CPN information.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 6.1.3

 	
 If the originating
 Party passes CPN on less than ninety-five percent (95%) of its calls and the
 originating Party chooses to combine Reciprocal Compensation Traffic and Toll
 Traffic on the same trunk group, the receiving Party shall bill the higher of
 its interstate Switched Exchange Access Service rates or its intrastate
 Switched Exchange Access Services rates for all traffic that is passed
 without CPN, unless the Parties agree that other rates should apply to such
 traffic.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 6.2

 	
 At such time as a
 receiving Party has the capability, on an automated basis, to use such CPN to
 classify traffic delivered over Interconnection Trunks by the other Party by
 Traffic Rate type (e.g., Reciprocal Compensation Traffic/Measured Internet
 Traffic, intrastate Switched Exchange Access Service, interstate Switched
 Exchange Access Service, or intrastate/interstate Tandem Transit Traffic),
 such receiving Party shall bill the originating Party the Traffic Rate applicable
 to each relevant minute of traffic for which CPN is passed. If the receiving
 Party lacks the capability, on an automated basis, to use CPN information on
 an automated basis to classify traffic delivered by the other Party by
 Traffic Rate type, the originating Party will supply Traffic Factor 1 and
 Traffic Factor 2. The Traffic Factors shall be supplied in writing by the
 originating Party within thirty (30) days of the Effective Date and shall be
 updated in writing by the originating Party quarterly. Measurement of billing
 minutes for purposes of determining terminating compensation shall be in
 conversation seconds (the time in seconds that the Parties’ equipment is used
 for a completed call, measured from the receipt of answer supervision to the
 receipt of disconnect supervision). Measurement of billing minutes for
 originating toll free service access code (e.g., 800/888/877) calls shall be
 in accordance with applicable Tariffs. Determinations as to whether traffic
 is Reciprocal Compensation Traffic or Measured Internet Traffic shall be made
 in accordance with Section 7.3.2 below.

 
	
  

 	
  

 	
  

 
	
  

 	
 6.3

 	
 Each Party
 reserves the right to audit all Traffic, up to a maximum of two audits per
 calendar year, to ensure that 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.

 
	
  

 	
  

 	
  

 
	
  

 	
 6.4

 	
 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.

 
	
  

 	
  

 	
  

 
	
 7.

 	
 Reciprocal
 Compensation Arrangements Pursuant to Section 251(b)(5) of the Act

 


61









	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 7.1

 	
 Reciprocal
 Compensation Traffic Interconnection Points.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 7.1.1

 	
 Except as
 otherwise agreed by the Parties, the Interconnection Points (“IPs”) from
 which D&E will provide transport and termination of Reciprocal
 Compensation Traffic to its Customers (“D&E-IPs”) shall be as follows:

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 7.1.1.1

 	
 For each LATA in
 which D&E requests to interconnect with Verizon, except as otherwise
 agreed by the Parties, D&E shall establish a D&E IP in each Verizon
 Local Calling Area (as defined below) where D&E chooses to assign
 telephone numbers to its Customers. D&E shall establish such D&E-IP
 consistent with the methods of interconnection and interconnection trunking
 architectures that it will use pursuant to Section 2 or Section 3 of this
 Attachment. For purposes of this Section 7.1.1.1, Verizon Local Calling Areas
 shall be as defined in Verizon’s effective Customer tariffs and include a
 non-optional Extended Local Calling Scope Arrangement, but do not include an
 optional Extended Local Calling Scope Arrangement. If D&E fails to
 establish IPs in accordance with the preceding sentences of this Section
 7.1.1.1, (a) Verizon may pursue available dispute resolution mechanisms; and,
 (b) D&E shall bill and Verizon shall pay the lesser of the negotiated
 intercarrier compensation rate or the End Office Reciprocal Compensation rate
 for the relevant traffic less Verizon’s transport rate, tandem switching rate
 (to the extent traffic is tandem switched), and other transport costs (to the
 extent that Verizon purchases such transport from D&E or a third party),
 from the originating Verizon End Office to the receiving D&E-IP.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 7.1.1.2

 	
 At any time that
 D&E establishes a Collocation site at a Verizon End Office Wire Center in
 a LATA in which D&E is interconnected or requesting interconnection with
 Verizon, either Party may request in writing that such D&E Collocation
 site be established as the D&E-IP for traffic originated by Verizon
 Customers served by that End Office. Upon such request, the Parties shall
 negotiate in good faith mutually acceptable arrangements for the transition
 to such D&E-IP. If the Parties have not reached agreement on such
 arrangements within thirty (30) days, (a) either Party may pursue available
 dispute resolution mechanisms; and, (b) D&E shall bill and Verizon shall
 pay the lesser of the negotiated intercarrier compensation rate or the End
 Office Reciprocal Compensation rate for the relevant traffic less Verizon’s
 transport rate, tandem switching rate (to the extent traffic is tandem
 switched), and other costs (to the extent that Verizon purchases such
 transport from D&E or a third party), from the originating Verizon End
 Office to the receiving D&E-IP.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 7.1.1.3

 	
 In any LATA where
 the Parties are already interconnected prior to the effective date of this
 Agreement, D&E may maintain existing CLEC-IPs, except that Verizon may
 request in writing to transition such D&E-IPs to the D&E-IPs
 described in subsections 7.1.1.1 and 7.1.1.2, above. Upon such request, the
 Parties shall negotiate mutually satisfactory arrangements for the transition
 to CLEC-IPs that conform to subsections 7.1.1.1 and 7.1.1.2 above. If the
 Parties have not reached agreement on such 

 


62









	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 arrangements
 within thirty (30) days, (a) either Party may pursue available dispute
 resolution mechanisms; and, (b) D&E shall bill and Verizon shall pay only
 the lesser of the negotiated intercarrier compensation rate or the End Office
 reciprocal compensation rate for relevant traffic, less Verizon’s transport
 rate, tandem switching rate (to the extent traffic is tandem switched), and
 other costs (to the extent that Verizon purchases such transport from D&E
 or a third party), from Verizon’s originating End Office to the D&E IP.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 7.1.2

 	
 Except as
 otherwise agreed by the Parties, the Interconnection Points (“IPs”) from
 which Verizon will provide transport and termination of Reciprocal
 Compensation Traffic to its Customers (“Verizon-IPs”) shall be as follows:

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 7.1.2.1

 	
 For Reciprocal
 Compensation Traffic delivered by D&E to the Verizon Tandem subtended by
 the terminating End Office serving the Verizon Customer, the Verizon-IP will
 be the Verizon Tandem switch.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 7.1.2.2

 	
 For Reciprocal
 Compensation Traffic delivered by D&E to the Verizon terminating End
 Office serving the Verizon Customer, the Verizon-IP will be Verizon End
 Office switch.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 7.1.3

 	
 Should either
 Party offer additional IPs to any Telecommunications Carrier that is not a
 Party to this Agreement, the other Party may elect to deliver traffic to such
 IPs for the NXXs or functionalities served by those IPs. To the extent that
 any such D&E-IP is not located at a Collocation site at a Verizon Tandem
 Wire Center or Verizon End Office Wire Center, then D&E shall permit
 Verizon to establish physical Interconnection through collocation or other
 operationally comparable arrangements acceptable to Verizon at the D&E-IP
 to the extent such interconnection is technically feasible.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 7.1.4

 	
 Each Party is responsible
 for delivering its Reciprocal Compensation Traffic that is to be terminated
 by the other Party to the other Party’s relevant IP.

 
	
  

 	
  

 	
  

 
	
  

 	
 7.2

 	
 Reciprocal
 Compensation.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 The Parties shall
 compensate each other for the transport and termination of Reciprocal
 Compensation Traffic delivered to the terminating Party in accordance with
 Section 251(b)(5) of the Act at the rates stated in the Pricing Attachment.
 These rates are to be applied at the D&E-IP for traffic delivered by
 Verizon for termination by D&E, and at the Verizon-IP for traffic
 delivered by D&E for termination by Verizon. Except as expressly
 specified in this Agreement, no additional charges shall apply for the
 termination from the IP to the Customer of Reciprocal Compensation Traffic delivered
 to the Verizon-IP by D&E or the D&E-IP by Verizon. When such
 Reciprocal Compensation Traffic is delivered over the same trunks as Toll
 Traffic, any port or transport or other applicable access charges related to
 the delivery of Toll Traffic from the IP to an end user shall be prorated to
 be applied only to the Toll Traffic. The designation of traffic as Reciprocal
 Compensation Traffic for purposes of Reciprocal Compensation shall be based
 on the actual originating and terminating points of the complete end-to-end
 communication.

 


63









	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 7.3

 	
 Traffic Not
 Subject to Reciprocal Compensation.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 7.3.1

 	
 Reciprocal
 Compensation shall not apply to interstate or intrastate Exchange Access,
 Information Access, or exchange services for Exchange Access or Information
 Access.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 7.3.2

 	
 Reciprocal
 Compensation shall not apply to Internet Traffic.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 7.3.2.1

 	
 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).

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 7.3.3

 	
 Reciprocal
 Compensation shall not apply to Toll Traffic, including, but not limited to,
 calls originated on a 1+ presubscription basis, or on a casual dialed
 (10XXX/101XXXX) basis.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 7.3.4

 	
 Reciprocal
 Compensation shall not apply to Optional Extended Local Calling Area Traffic.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 7.3.5

 	
 Reciprocal
 Compensation shall not apply to special access, private line, or any other
 traffic that is not switched by the terminating Party.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 7.3.6

 	
 Reciprocal
 Compensation shall not apply to Tandem Transit Traffic.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 7.3.7

 	
 Reciprocal
 Compensation shall not apply to Voice Information Service Traffic (as defined
 in Section 5 of the Additional Services Attachment).

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 7.4

 	
 The Reciprocal
 Compensation rates (including, but not limited to, the Reciprocal
 Compensation per minute of use charges) billed by D&E to Verizon shall
 not exceed the Reciprocal Compensation rates (including, but not limited to,
 Reciprocal Compensation per minute of use charges) billed by Verizon to
 D&E.

 
	
  

 	
  

 	
  

 
	
 8.

 	
 Other
 Types of Traffic

 
	
  

 	
  

 	
  

 
	
  

 	
 8.1

 	
 Notwithstanding
 any other provision of this Agreement or any Tariff: (a) 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 terms of the FCC Internet Order and other applicable FCC orders and FCC
 Regulations; and, (b) a Party shall not be obligated to pay any intercarrier
 compensation for Internet Traffic that is in excess of the intercarrier
 compensation for Internet Traffic that such Party is required to pay under
 the FCC Internet Order and other applicable FCC orders and FCC Regulations.

 
	
  

 	
  

 	
  

 
	
  

 	
 8.2

 	
 Subject to Section
 8.1 above, interstate and intrastate Exchange Access, Information Access,
 exchange services for Exchange Access or Information Access, and Toll
 Traffic, shall be governed by the applicable provisions of this Agreement and
 applicable Tariffs.

 


64









	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 8.3

 	
 For any traffic
 originating with a third party carrier and delivered by D&E to Verizon,
 D&E shall pay Verizon the same amount that such third party carrier would
 have been obligated to pay Verizon for termination of that traffic at the
 location the traffic is delivered to Verizon by D&E.

 
	
  

 	
  

 	
  

 
	
  

 	
 8.4

 	
 Any traffic not
 specifically addressed in this Agreement shall be treated as required by the
 applicable Tariff of the Party transporting and/or terminating the traffic.

 
	
  

 	
  

 	
  

 
	
  

 	
 8.5

 	
 Interconnection
 Points.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.5.1

 	
 The IP of a Party
 (“Receiving Party”) for Measured Internet Traffic delivered to the Receiving
 Party by the other Party shall be the same as the IP of the Receiving Party
 for Reciprocal Compensation Traffic under Section 7 above.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.5.2

 	
 Except as
 otherwise set forth in the applicable Tariff of a Party (“Receiving Party”)
 that receives Toll Traffic from the other Party, the IP of the Receiving
 Party for Toll Traffic delivered to the Receiving Party by the other Party
 shall be the same as the IP of the Receiving Party for Reciprocal
 Compensation Traffic under Section 7 above.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.5.3

 	
 The IP for traffic
 exchanged between the Parties that is not Reciprocal Compensation Traffic,
 Measured Internet Traffic or Toll Traffic, shall be as specified in the
 applicable provisions of this Agreement or the applicable Tariff of the
 receiving Party, or in the absence of applicable provisions in this Agreement
 or a Tariff of the receiving Party, as mutually agreed by the Parties.

 
	
  

 	
  

 	
  

 	
  

 
	
 9.

 	
 Transmission
 and Routing of Exchange Access Traffic

 
	
  

 	
  

 
	
  

 	
 9.1

 	
 Scope of Traffic.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Section 9
 prescribes parameters for certain trunks to be established over the
 Interconnections specified in Sections 1 through 5 of this Attachment for the
 transmission and routing of traffic between D&E Telephone Exchange
 Service Customers and Interexchange Carriers (“Access Toll Connecting
 Trunks”), in any case where D&E elects to have its End Office Switch
 subtend a Verizon Tandem. This includes casually-dialed (1010XXX and 101XXXX)
 traffic.

 
	
  

 	
  

 	
  

 
	
  

 	
 9.2

 	
 Access Toll
 Connecting Trunk Group Architecture.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 9.2.1

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

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 9.2.2

 	
 D&E shall
 establish Access Toll Connecting Trunks pursuant to applicable access Tariffs
 by which it will provide Switched Exchange Access Services to Interexchange
 Carriers to enable such Interexchange Carriers to originate and terminate
 traffic to and from D&E’s Customers.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 9.2.3

 	
 The Access Toll
 Connecting Trunks shall be two-way trunks. Such trunks shall connect the End
 Office D&E utilizes to provide Telephone Exchange Service and Switched
 Exchange Access to its Customers in a 

 


65









	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 given LATA to the
 Tandem Verizon utilizes to provide Exchange Access in such LATA.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 9.2.4

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

 
	
  

 	
  

 	
  

 	
  

 
	
 10.

 	
 Meet-Point
 Billing Arrangements

 
	
  

 	
  

 
	
  

 	
 10.1

 	
 D&E and
 Verizon will establish Meet-Point Billing (“MPB”) arrangements in order to
 provide a common transport option to Switched 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 in Verizon’s applicable Tariffs. The arrangements
 described in this Section 10 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 access
 Tandem Switch that is provided by Verizon.

 
	
  

 	
  

 	
  

 
	
  

 	
 10.2

 	
 In each LATA, the
 Parties shall establish MPB arrangements between the applicable Routing
 Point/Verizon Serving Wire Center combinations. 

 
	
  

 	
  

 	
  

 
	
  

 	
 10.3

 	
 Interconnection
 for the MPB arrangement shall occur at the Verizon access Tandems in the
 LATA, unless otherwise agreed to by the Parties.

 
	
  

 	
  

 	
  

 
	
  

 	
 10.4

 	
 D&E 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.

 
	
  

 	
  

 	
  

 
	
  

 	
 10.5

 	
 In general, there
 are four alternative Meet-Point Billing arrangements possible, which are:

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 10.5.1

 	
 “Single
 Bill/Single Tariff” in which a single bill is presented to the Interexchange
 Carrier and each Local Exchange Carrier involved applies rates for its
 portion of the services from the same Tariff.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 10.5.2

 	
 “Multiple
 Bill/Single Tariff” in which each involved Local Exchange Carrier presents
 separate bills to the Interexchange Carrier and each Local Exchange Carrier
 involved applies rates for its portion of the service from the same Tariff.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 10.5.3

 	
 “Multiple
 Bill/Multiple Tariff” in which each involved Local Exchange Carrier presents
 separate bill to the Interexchange Carrier and each Local Exchange Carrier
 involved applies rates for its portion of the service from its own Tariff.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 10.5.4

 	
 “Single
 Bill/Multiple Tariff” in which a single bill is presented to the Interexchange
 Carrier and each Local Exchange Carrier involved applies rates for its
 portion of the service from its own Tariff.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Each Party shall
 implement the “Multiple Bill/Single Tariff” or “Multiple Bill/Multiple 

 


66









	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 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 the 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.

 
	
  

 	
  

 	
  

 
	
  

 	
 10.6

 	
 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 10.15.

 
	
  

 	
  

 	
  

 
	
  

 	
 10.7

 	
 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 Verizon
 Wire Center serving the IXC in order to comply with the MPB notification
 process as outlined in the MECAB document.

 
	
  

 	
  

 	
  

 
	
  

 	
 10.8

 	
 Verizon shall
 provide D&E 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.

 
	
  

 	
  

 	
  

 
	
  

 	
 10.9

 	
 D&E 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.

 
	
  

 	
  

 	
  

 
	
  

 	
 10.10

 	
 All usage data to
 be provided pursuant to Sections 10.8 and 10.9 shall be sent to the following
 addresses:

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 To D&E:

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Cindy Shomo

 
	
  

 	
  

 	
 Operations
 Superviso

 
	
  

 	
  

 	
 124 East Main
 Street

 
	
  

 	
  

 	
 P.O. Box 458

 
	
  

 	
  

 	
 Ephrata, PA 17522

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 cshomo@decommunications.com

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 For Verizon
 (Former BA service area):

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 New York State
 Access Pool

 
	
  

 	
  

 	
 C/O ACM, Inc.

 
	
  

 	
  

 	
 941 River Road

 
	
  

 	
  

 	
 Schenectady, N.Y.
 12306

 
	
  

 	
  

 	
 Attn: Mark Ferri

 


67









	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 For Verizon
 (Former GTE service area):

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Verizon Data
 Services

 
	
  

 	
  

 	
 ATTN: MPB

 
	
  

 	
  

 	
 1 East Telecom
 Parkway

 
	
  

 	
  

 	
 Dock K

 
	
  

 	
  

 	
 Temple Terrace, FL
 33637

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Either Party may
 change its address for receiving usage data by notifying the other Party in
 writing pursuant to Section 4.23 of the General Terms and Conditions

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 10.11

 	
 D&E and
 Verizon 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 10. 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.

 
	
  

 	
  

 	
  

 
	
  

 	
 10.12

 	
 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, shall
 accept a reasonable estimate of the lost data based upon prior usage data.

 
	
  

 	
  

 	
  

 
	
  

 	
 10.13

 	
 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 4.4 of the General Terms and Conditions
 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.

 
	
  

 	
  

 	
  

 
	
  

 	
 10.14

 	
 Except as expressly
 set forth in this Agreement, nothing contained in this Section 10 shall
 create any liability for damages, losses, claims, costs, injuries, expenses
 or other liabilities whatsoever on the part of either Party. 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.

 
	
  

 	
  

 	
  

 
	
  

 	
 10.15

 	
 In the event
 D&E determines to offer Telephone Exchange Services in another LATA in
 which Verizon operates an access Tandem Switch, Verizon shall permit and
 enable D&E to subtend the Verizon access Tandem Switch(es) designated for
 the Verizon End Offices in the area where the D&E Routing Point(s) associated
 with the NPA NXX(s) to/from which the Switched Exchange Access Services are
 homed. Except as otherwise mutually agreed by the Parties, the MPB billing
 percentages for each Routing Point/Verizon Serving Wire Center combination
 shall be calculated according to the following formula, unless as mutually
 agreed to by the Parties:

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 a / (a + b)          =          D&E
 Billing Percentage

 


68









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 and

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 b / (a + b)          =          Verizon
 Billing Percentage

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 where:

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 a         
  =          the
 airline mileage between D&E 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.

 
	
  

 	
  

 	
  

 
	
  

 	
 10.16

 	
 D&E shall
 inform Verizon of each LATA in which it intends to offer Telephone Exchange
 Services and its calculation of the billing percentages which should apply
 for such arrangement. Within ten (10) business days of D&E’s delivery of
 notice to Verizon, Verizon and D&E shall confirm the Routing
 Point/Verizon Serving Wire Center combination and billing percentages.

 
	
  

 	
  

 	
  

 
	
 11.

 	
 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
 (e.g., 800/877/888)(“8YY”) calls to the other Party. For the purposes of this
 Section 11, the terms “translated” and “untranslated” refers to those toll
 free service access code calls that have been queried (“translated”) or have
 not been queried (“untranslated”) to an “8YY” database. All D&E
 originating “untranslated” “8YY” traffic will be routed over a separate
 one-way trunk group.

 
	
  

 	
  

 
	
  

 	
 11.1

 	
 When D&E
 delivers translated “8YY” calls to Verizon for completion,

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 11.1.1

 	
 to an IXC, D&E
 shall:

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 provide an
 appropriate EMI record to Verizon for processing and Meet Point Billing in
 accordance with Section 10 above; and

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 bill the IXC the
 D&E query charge associated with the call.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 11.1.2

 	
 to Verizon or
 another LEC that is a toll free service access code service provider in the
 LATA, D&E shall:

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 provide an
 appropriate EMI record to the toll free service access code service provider;
 and

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 bill to the toll
 free service access code service provider the D&E’s Tariffed Feature
 Group D (“FGD”) Switched Exchange Access or Reciprocal Compensation charges,
 as applicable, and the D&E query charge; and

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 Verizon shall bill
 applicable Tandem Transit Service charges and associated passthrough charges
 to D&E.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 11.2

 	
 When Verizon
 performs the query and delivers translated “8YY” calls, originated by
 Verizon’s or another LEC’s Customer, 

 


69









	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 11.2.1 

 	
 to D&E in it’s
 capacity as a toll free service access code service provider, Verizon shall:

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 bill D&E the
 Verizon query charge associated with the call as specified in the Pricing
 Attachment; and

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 provide an
 appropriate EMI record to D&E; and

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 bill D&E
 Verizon’s Tariffed FGD Switched Exchange Access or Reciprocal Compensation
 charges as applicable.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 11.3

 	
 When D&E
 delivers untranslated “8YY” calls to Verizon for completion, 

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 11.3.1

 	
 to an IXC, Verizon
 shall:

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

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

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 provide an appropriate
 EMI record to D&E to facilitate billing to the IXC; and

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

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

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 11.3.2

 	
 to Verizon or
 another LEC that is a toll free service access code service provider in the
 LATA, Verizon shall:

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

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

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 provide an
 appropriate EMI record to D&E to facilitate billing to the LEC toll free
 service access code service provider; and

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

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

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 11.4

 	
 Verizon will not
 direct untranslated toll free service access code calls to D&E.

 
	
  

 	
  

 	
  

 	
  

 
	
 12.

 	
 Tandem
 Transit Traffic

 
	
  

 	
  

 
	
  

 	
 12.1

 	
 As used in this
 Section 12, Tandem Transit Traffic is Telephone Exchange Service traffic that
 originates on D&E’s network, and is transported through a Verizon Tandem
 to the Central Office of a CLEC, ILEC other than Verizon, Commercial Mobile
 Radio Service (CMRS) carrier, or other LEC, that subtends the relevant
 Verizon Tandem to which D&E delivers such traffic. Neither the
 originating nor terminating customer is a Customer of Verizon. Subtending
 Central Offices shall be determined in accordance with and as identified in
 the Local Exchange Routing Guide (LERG). Switched Exchange Access Service
 traffic is not Tandem Transit Traffic.

 


70









	
  

 	
  

 	
  

 
	
  

 	
 12.2

 	
 Tandem Transit
 Traffic Service provides D&E with the transport of Tandem Transit Traffic
 as provided below. 

 
	
  

 	
  

 	
  

 
	
  

 	
 12.3

 	
 Tandem Transit
 Traffic may be routed over the Interconnection Trunks described in Sections 3
 through 6. D&E shall deliver each Tandem Transit Traffic call to Verizon
 with CCS and the appropriate Transactional Capabilities Application Part
 (“TCAP”) message to facilitate full interoperability of CLASS Features and
 billing functions. The Parties will mutually agree to the types of records to
 be exchanged until industry standards are established and implemented.

 
	
  

 	
  

 	
  

 
	
  

 	
 12.4

 	
 D&E shall
 exercise its best efforts to enter into a reciprocal Telephone Exchange
 Service traffic arrangement (either via written agreement or mutual Tariffs)
 with any CLEC, ILEC, CMRS carrier, or other LEC, to which it delivers
 Telephone Exchange Service traffic that transits Verizon’s Tandem Office. If
 D&E does not enter into and provide notice to Verizon of the above
 referenced arrangement within 180 days of the initial traffic exchange with
 relevant third party carriers, then Verizon may, at its sole discretion,
 terminate Tandem Transit Service at anytime upon thirty (30) days written
 notice to D&E. Verizon will work cooperatively with D&E to identify
 any CLEC, ILEC, CMRS carrier, or other LEC, to which D&E delivers
 Telephone Exchange Service traffic that transits Verizon’s Tandem Office.

 
	
  

 	
  

 	
  

 
	
  

 	
 12.5

 	
 D&E shall pay
 Verizon for Transit Service that D&E originates at the rate specified in
 the Pricing Attachment, plus any additional charges or costs the receiving
 CLEC, ILEC, CMRS carrier, or other LEC, imposes or levies on Verizon for the
 delivery or termination of such traffic, including any Switched Exchange
 Access Service charges, and the bill detail provided by the receiving CLEC,
 ILEC, CMRS carrier, or other LEC for such additional charges or costs.

 
	
  

 	
  

 	
  

 
	
  

 	
 12.6

 	
 Verizon will not
 provide Tandem Transit Traffic Service for Tandem Transit Traffic to be
 delivered to a CLEC, ILEC, CMRS carrier, or other LEC, if the volume of
 Tandem Transit Traffic to be delivered to that carrier exceeds one (1) DS1
 level volume of calls.

 
	
  

 	
  

 	
  

 
	
  

 	
 12.7

 	
 If or when a third
 party carrier’s Central Office subtends a D&E Central Office, then
 D&E shall offer to Verizon a service arrangement equivalent to or the
 same as Tandem Transit Service provided by Verizon to D&E as defined in
 this Section 12 such that Verizon may terminate calls to a Central Office of
 a CLEC, ILEC, CMRS carrier, or other LEC, that subtends a D&E Central
 Office (“Reciprocal Tandem Transit Service”). D&E shall offer such Reciprocal
 Transit Service arrangements under terms and conditions no less favorable
 than those provided in this Section 12.

 
	
  

 	
  

 	
  

 
	
  

 	
 12.8

 	
 Neither Party
 shall take any actions to prevent the other Party from entering into a direct
 and reciprocal traffic exchange agreement with any carrier to which it
 originates, or from which it terminates, traffic.

 
	
  

 	
  

 	
  

 
	
 13.

 	
 Number
 Resources, Rate Centers and Routing Points

 
	
  

 	
  

 
	
  

 	
 13.1

 	
 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 Codes (“NXX”) 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
 Routing Points corresponding to such NXX codes.

 


71









	
  

 	
  

 	
  

 	
  

 
	
  

 	
 13.2

 	
 It shall be the
 responsibility of each Party to program and update its own switches and
 network systems pursuant to information provided on ASRs as well as the LERG
 in order to recognize and route traffic to the other Party’s assigned NXX
 codes. Except as expressly set forth in this Agreement, neither Party shall
 impose any fees or charges whatsoever on the other Party for such activities.

 
	
  

 	
  

 	
  

 
	
  

 	
 13.3

 	
 Unless otherwise
 required by Commission order, the Rate Center Areas will be the same for each
 Party. During the term of this Agreement, D&E shall adopt the Rate Center
 Area and Rate Center Points that the Commission has approved for Verizon
 within the LATA and Tandem serving area, in all areas where Verizon and
 D&E service areas overlap. D&E shall assign whole NPA-NXX codes to
 each Rate Center Area unless otherwise ordered by the FCC, the Commission or
 another governmental entity of appropriate jurisdiction, or the LEC industry
 adopts alternative methods of utilizing NXXs.

 
	
  

 	
  

 	
  

 
	
  

 	
 13.4

 	
 D&E will also
 designate a Routing Point for each assigned NXX code. D&E shall designate
 one location for each Rate Center Area in which D&E has established NXX
 code(s) as the Routing Point for the NPA-NXXs associated with that Rate
 Center, and such Routing Point shall be within the same LATA as the Rate
 Center Area but not necessarily within the Rate Center Area itself. Unless
 specified otherwise, calls to subsequent NXXs of D&E will be routed in
 the same manner as calls to D&E’s initial NXXs.

 
	
  

 	
  

 	
  

 
	
  

 	
 13.5

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

 
	
  

 	
  

 	
  

 
	
 14.

 	
 Joint
 Network Implementation and Grooming Process; and Installation, Maintenance,
 Testing and Repair

 
	
  

 	
  

 
	
  

 	
 14.1

 	
 Joint Network
 Implementation and Grooming Process.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Upon request of
 either Party, the Parties shall jointly develop an implementation and
 grooming process (the “Joint Grooming Process” or “Joint Process”) which may
 define and detail, inter alia.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 14.1.1

 	
 standards to
 ensure that Interconnection Trunks experience a grade of service,
 availability and quality which is comparable to that achieved on interoffice
 trunks within Verizon’s network and in accord with all appropriate relevant
 industry-accepted quality, reliability and availability standards. Except as
 otherwise stated in this Agreement, trunks provided by either Party for
 Interconnection services will be engineered using a design blocking objective
 of B.01.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 14.1.2

 	
 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;

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 14.1.3

 	
 disaster recovery
 provision escalations;

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 14.1.4

 	
 additional
 technically feasible and geographically relevant IP(s) in a LATA as provided
 in Section 9; and

 


72









	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 14.1.5

 	
 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. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 14.2

 	
 Installation,
 Maintenance, Testing and Repair. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Unless otherwise
 agreed in writing by the Parties, to the extent required by Applicable Law,
 Interconnection provided by a Party shall be equal in quality to that
 provided by such Party to itself, any subsidiary, affiliates or third party.
 If either Party is unable to fulfill its obligations under this Section 14.2,
 it shall notify the other Party of its inability to do so and will negotiate
 alternative intervals in good faith. The Parties agree that to the extent
 required by Applicable Law, the standards to be used by a Party for isolating
 and clearing any disconnections and/or other outages or troubles shall be at
 parity with standards used by such Party with respect to itself, any
 subsidiary, affiliate or third party.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 14.3

 	
 Forecasting
 Requirements for Trunk Provisioning. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Within ninety (90)
 days of executing this Agreement, D&E shall provide Verizon a two (2)
 year traffic forecast. This initial forecast will provide the amount of
 traffic to be delivered to and from Verizon over each of the Interconnection
 Trunk groups over the next eight (8) quarters. The forecast shall be updated
 and provided to Verizon 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, at a minimum,
 Access Carrier Terminal Location (“ACTL”), traffic type (Reciprocal
 Compensation Traffic/Toll Traffic, Operator Services, 911, etc.), code
 (identifies trunk group), A location/Z location (CLLI codes for D&E-IPs
 and Verizon-IPs), interface type (e.g., DS1), and trunks in service each year
 (cumulative).

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 14.3.1

 	
 Initial
 Forecasts/Trunking Requirements. Because Verizon’s trunking requirements will, at
 least during an initial period, be dependent on the Customer segments and service
 segments within Customer segments to whom D&E decides to market its
 services, Verizon will be largely dependent on D&E to provide accurate
 trunk forecasts for both inbound (from Verizon) and outbound (to Verizon)
 traffic. Verizon will, as an initial matter provide the same number of trunks
 to terminate Reciprocal Compensation Traffic to D&E as D&E provides
 to terminate Reciprocal Compensation Traffic to Verizon. At Verizon’s
 discretion, when D&E expressly identifies particular situations that are
 expected to produce traffic that is substantially skewed in either the
 inbound or outbound direction, Verizon will provide the number of trunks
 D&E suggests; provided, however, that in all cases Verizon’s provision of
 the forecasted number of trunks to D&E is conditioned on the following:
 that such forecast is based on reasonable engineering criteria, there are no
 capacity constraints, and D&E’s previous forecasts have proven to be
 reliable and accurate. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 14.3.1.1

 	
 Monitoring and
 Adjusting Forecasts. Verizon will, for ninety (90) days, monitor
 traffic on each trunk group that it establishes at D&E’s suggestion or
 request pursuant to the procedures identified in Section 14.3.1. At the end
 of such ninety (90) day period, Verizon may disconnect trunks that, based on
 reasonable engineering criteria and capacity constraints, are not warranted
 by the actual traffic volume experienced. If, after such initial ninety (90)
 day period for a 

 


73









	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 trunk group,
 Verizon determines that any trunks in the trunk group in excess of two (2)
 DS-1s are not warranted by actual traffic volumes (considering engineering
 criteria for busy hour CCS and blocking percentages), then Verizon may hold
 D&E financially responsible for the excess facilities.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 14.3.1.2

 	
 In subsequent
 periods, Verizon may also monitor traffic for ninety (90) days on additional
 trunk groups that D&E suggests or requests Verizon to establish. If,
 after any such (90) day period, Verizon determines that any trunks in the
 trunk group are not warranted by actual traffic volumes (considering
 engineering criteria for busy hour CCS and blocking percentages), then
 Verizon may hold D&E financially responsible for the excess facilities.
 At any time during the relevant ninety (90) day period, D&E may request
 that Verizon disconnect trunks to meet a revised forecast. In such instances,
 Verizon may hold D&E financially responsible for the disconnected trunks
 retroactive to the start of the ninety (90) day period through the date such
 trunks are disconnected. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 15.

 	
 Number
 Portability - Section 251(B)(2) 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 15.1

 	
 Scope. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 The Parties shall
 provide Number Portability (“NP”) in accordance with rules and regulations as
 from time to time prescribed by the FCC.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 15.2

 	
 Procedures for
 Providing LNP (“Long-term Number Portability”). 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 The Parties will
 follow the LNP provisioning process recommended by the North American
 Numbering Council (NANC) and adopted by the FCC. In addition, the Parties
 agree to follow the LNP ordering procedures established at the Ordering And
 Billing Forum (OBF). The Parties shall provide LNP on a reciprocal basis.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 15.2.1

 	
 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 a letter of agency (LOA) from an end user
 customer and sends a 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 LOAs and
 Party A may request, upon reasonable notice, a copy of the LOA. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 15.2.2

 	
 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. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 15.2.3

 	
 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 

 


74









	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 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.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 15.2.4

 	
 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 ten-digit
 trigger feature where it is available. When Party A receives the porting
 request, the unconditional trigger shall be applied to the customer’s line
 before the due date of the porting activity. When the ten-digit unconditional
 trigger is not available, Party A and Party B must coordinate the disconnect
 activity. 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 15.2.5

 	
 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. 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 15.2.6

 	
 Where LNP is
 commercially available, the NXXs in the office shall be defined as portable,
 except as noted in 15.2.7, 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. 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 15.2.7

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

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 15.2.8

 	
 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. 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 15.3

 	
 Procedures for
 Providing NP Through Full NXX Code Migration. 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Where a Party has
 activated an entire NXX for a single Customer, or activated at least eighty
 percent (80%) of an NXX for a single Customer, with the remaining numbers in that
 NXX either reserved for future use by that Customer or otherwise 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

 


75









	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 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.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 15.4

 	
 Procedures for
 Providing INP (Interim Number Portability). 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 The Parties shall
 provide Interim Number Portability (“INP”) in accordance with rules and
 regulations prescribed from time to time by the FCC and state regulatory
 bodies, the Parties respective company procedures, and as set forth in this
 Section 15.4. The Parties shall provide INP on a reciprocal basis.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 15.4.1

 	
 In the event that
 either Party, Party B, wishes to serve a Customer currently served at an End
 Office of the other Party, Party A, and that End Office is not LNP-capable,
 Party A shall make INP available. INP will be provided by remote call
 forwarding (RCF) and/or direct inward dialing (DID) technology, which will
 forward terminating calls to Party B’s End Office. Party B shall provide
 Party A with an appropriate “forward-to” number. 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 15.4.2

 	
 Prices for INP and
 formulas for sharing Terminating access revenues associated with INP shall be
 provided where applicable, upon request by D&E. 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 15.4.3

 	
 Either Party
 wishing to use DID to provide for INP must request a dedicated trunk group
 from the End Office where the DID numbers are currently served to the new
 serving-End Office. If there are no existing facilities between the
 respective End Offices, the dedicated facilities and transport trunks will be
 provisioned as unbundled service through the ASR provisioning process. The requesting
 party will reroute the DID numbers to the pre-positioned trunk group using
 the LSR provisioning process. DID trunk rates are contained in the Parties’
 respective tariffs. 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 15.4.4

 	
 The Parties Agree
 that, per FCC 98-275, Paragraph 16, effective upon the date LNP is available
 at any End Office of one Party, Party A, providing INP for Customers of the
 other Party, Party B, no further orders will be accepted for new INP at that
 End Office. Orders for new INP received prior to that date, and change orders
 for existing INP, shall be worked by Party A. Orders for new INP received by
 Party A on or after that date shall be rejected. Existing INP will be
 grand-fathered, subject to Section 15.4.5, below. 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 15.4.5

 	
 In offices
 equipped with LNP prior to September 1, 1999 for former Bell Atlantic offices
 and October 1, 2000 for former GTE offices, the Parties agree to work
 together to convert all existing INP-served Customers to LNP by December 31,
 2000 in accordance with a mutually agreed to conversion process and schedule.
 If mutually agreed to by the Parties, the conversion period may be extended
 one time by no more than 90 days from December 31, 2000. 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 15.4.6

 	
 Upon availability
 of LNP after October 1, 2000 at an End Office of either Party, both Parties
 agree to work together to convert the existing INP-served Customers to LNP by
 no later than 90 days from the date of LNP availability unless otherwise
 agreed to by the Parties. 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 15.4.7

 	
 When, through no
 fault of Verizon’s, all INP have not been converted to 

 


76









	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 LNP at the end of
 the agreed to conversion period, then the remaining INPs will be changed to a
 functionally equivalent tariff service and billed to the CLEC at the tariff
 rate(s) for the subject jurisdiction.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 15.5

 	
 Procedures for LNP
 Request. 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 The Parties shall
 provide for the requesting of End Office LNP capability on a reciprocal basis
 through a written request. The Parties acknowledge that Verizon has deployed
 LNP throughout its network in compliance with FCC 96-286 and other applicable
 FCC rules.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 15.5.1

 	
 If Party B desires
 to have LNP capability deployed in an End Office of Party A, which is not
 currently capable, Party B shall issue a BFR to the Party A. Party A respond
 to the Party B, within ten (10) days of receipt of the BFR, with a date for
 which LNP will be available in the requested End Office. Party A shall
 proceed to provide for LNP in compliance with the procedures and timelines
 set forth in FCC 96-286, Paragraph 80, and FCC 97-74, Paragraphs 65 through
 67. 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 15.5.2

 	
 The Parties
 acknowledge that each can determine the LNP-capable End Offices of the other
 through the Local Exchange Routing Guide (LERG). In addition the Parties
 shall make information available upon request showing their respective
 LNP-capable End Offices, as set forth in this Section 15.5. 

 


77





RESALE ATTACHMENT


	
  

 	
  

 	
  

 	
  

 
	
 1.

 	
 General
 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 Verizon shall
 provide to D&E, in accordance with this Agreement (including, but not
 limited to, Verizon’s applicable Tariffs) and the requirements of Applicable
 Law (including, but not limited to, Sections 251(b)(1), 251(c)(4) and
 271(c)(2)(B)(xiv) of the Act), Verizon’s Telecommunications Services for
 resale by D&E; provided, that notwithstanding any other provision of this
 Agreement, Verizon shall be obligated to provide Telecommunications Services
 to D&E only to the extent required by Applicable Law and may decline to
 provide a Telecommunications Service to D&E to the extent that provision
 of such Telecommunications Service is not required by Applicable Law.

 
	
  

 	
  

 	
  

 	
  

 
	
 2.

 	
 Use
 of Verizon Telecommunications Services 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 2.1

 	
 Verizon
 Telecommunications Services may be purchased by D&E under this Resale
 Attachment only for the purpose of resale by D&E as a Telecommunications
 Carrier. Verizon Telecommunications Services to be purchased by D&E for
 other purposes (including, but not limited to, D&E’s own use) must be
 purchased by D&E pursuant to other applicable Attachments to this
 Agreement (if any), or separate written agreements, including, but not
 limited to, applicable Verizon Tariffs. 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 2.2

 	
 D&E shall not
 resell: 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 2.2.1

 	
 Residential
 service to persons not eligible to subscribe to such service from Verizon
 (including, but not limited to, business or other nonresidential Customers); 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 2.2.2

 	
 Lifeline, Link Up
 America, or other means-tested service offerings, to persons not eligible to
 subscribe to such service offerings from Verizon; 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 2.2.3

 	
 Grandfathered or
 discontinued service offerings to persons not eligible to subscribe to such
 service offerings from Verizon; or 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 2.2.4

 	
 Any other Verizon
 service in violation of a restriction stated in this Agreement (including,
 but not limited to, a Verizon Tariff) that is not prohibited by Applicable
 Law. 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 2.2.5

 	
 In addition to any
 other actions taken by D&E to comply with this Section 2.2, D&E shall
 take those actions required by Applicable Law to determine the eligibility of
 D&E Customers to purchase a service, including, but not limited to,
 obtaining any proof or certification of eligibility to purchase Lifeline,
 Link Up America, or other means-tested services, required by Applicable Law.
 D&E shall indemnify Verizon from any Claims resulting from D&E’s
 failure to take such actions required by Applicable Law. 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 2.2.6

 	
 Verizon may
 perform audits to confirm D&E’s conformity to the provisions of this
 Section 2.2. Such audits may be performed twice per calendar year and shall
 be performed in accordance with Sections 4.4.2 through 4.4.4 of the General
 Terms and Conditions. 

 


78









	
  

 	
  

 	
  

 	
  

 
	
  

 	
 2.3

 	
 D&E shall be
 subject to the same limitations that Verizon’s Customers are subject to with
 respect to any Telecommunications Service that Verizon grandfathers or
 discontinues offering. Without limiting the foregoing, except to the extent that
 Verizon follows a different practice for Verizon Customers in regard to a
 grandfathered Telecommunications Service, such grandfathered
 Telecommunications Service: (a) shall be available only to a Customer that
 already has such Telecommunications Service; (b) may not be moved to a new
 service location; and, (c) will be furnished only to the extent that
 facilities continue to be available to provide such Telecommunications
 Service. 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 2.4

 	
 D&E shall not
 be eligible to participate in any Verizon plan or program under which Verizon
 Customers may obtain products or services which are not Verizon
 Telecommunications Services, in return for trying, agreeing to purchase,
 purchasing, or using, Verizon Telecommunications Services. 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 2.5

 	
 In accordance with
 47 CFR § 51.617(b), Verizon shall be entitled to all charges for Verizon
 Exchange Access services used by interexchange carriers to provide service to
 D&E Customers. 

 
	
  

 	
  

 	
  

 	
  

 
	
 3.

 	
 Availability
 of Verizon Telecommunications Services 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 3.1

 	
 Verizon will provide
 a Verizon Telecommunications Service to D&E for resale pursuant to this
 Attachment where and to the same extent, but only where and to the same
 extent, that such Verizon Telecommunications Service is provided to Verizon’s
 Customers. 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 3.2

 	
 Except as
 otherwise required by Applicable Law, subject to Section 3.1, Verizon shall
 have the right to add, modify, grandfather, discontinue or withdraw, Verizon
 Telecommunications Services at any time, without the consent of D&E. 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 3.3

 	
 To the extent required
 by Applicable Law, the Verizon Telecommunications Services to be provided to
 D&E for resale pursuant to this Attachment will include a Verizon
 Telecommunications Service customer-specific contract service arrangement
 (“CSA”) (such as a customer specific pricing arrangement or individual case
 based pricing arrangement) that Verizon is providing to a Verizon Customer at
 the time the CSA is requested by D&E. 

 
	
  

 	
  

 	
  

 	
  

 
	
 4.

 	
 Responsibility
 for Charges 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 D&E shall be
 responsible for and pay all charges for any Verizon Telecommunications
 Services provided by Verizon pursuant to this Resale Attachment.

 
	
  

 	
  

 	
  

 	
  

 
	
 5.

 	
 Operations
 Matters 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 5.1

 	
 Facilities. 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 5.1.1

 	
 Verizon and its
 suppliers shall retain all of their right, title and interest in all facilities,
 equipment, software, information, and wiring, used to provide Verizon
 Telecommunications Services. 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 5.1.2

 	
 Verizon shall have
 access at all reasonable times to D&E Customer locations for the purpose
 of installing, inspecting, maintaining, repairing, and removing, facilities,
 equipment, software, and wiring, used to provide the Verizon
 Telecommunications Services. D&E shall, at D&E’s expense, obtain any
 rights and authorizations necessary for such 

 


79









	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 access.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 5.1.3

 	
 Except as otherwise
 agreed to in writing by Verizon, Verizon shall not be responsible for the
 installation, inspection, repair, maintenance, or removal, of facilities,
 equipment, software, or wiring, provided by D&E or D&E Customers for
 use with Verizon Telecommunications Services. 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 5.2

 	
 Branding. 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 5.2.1

 	
 Except as stated
 in Section 5.2.2, in providing Verizon Telecommunications Services to
 D&E, Verizon shall have the right (but not the obligation) to identify
 the Verizon Telecommunications Services with Verizon’s trade names,
 trademarks and service marks (“Verizon Marks”), to the same extent that these
 Services are identified with Verizon’s Marks when they are provided to
 Verizon’s Customers. Any such identification of Verizon’s Telecommunications
 Services shall not constitute the grant of a license or other right to
 D&E to use Verizon’s Marks.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 5.2.2

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

 


80






UNBUNDLED NETWORK ELEMENTS (UNEs)
ATTACHMENT


	
  

 	
  

 	
  

 	
  

 
	
 1.

 	
 General

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 1.1

 	
 Verizon shall
 provide to D&E, in accordance with this Agreement (including, but not
 limited to, Verizon’s applicable Tariffs) and the requirements of Applicable
 Law, access to Verizon’s Network Elements on an unbundled basis and in
 combinations (Combinations); provided, however, that notwithstanding any
 other provision of this Agreement, Verizon shall be obligated to provide
 unbundled Network Elements (UNEs) and Combinations to D&E only to the
 extent required by Applicable Law and may decline to provide UNEs or
 Combination to D&E to the extent that provision of such UNEs or
 Combination are not required by Applicable Law.

 
	
  

 	
  

 	
  

 
	
  

 	
 1.2

 	
 Except as
 otherwise required by Applicable Law:
 (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; and, (c) Verizon shall not be obligated to combine UNEs that are
 not already combined in Verizon’s network.
 D&E shall not directly or through a third party (e.g., D&E’s
 Customer) order Telecommunications Services from Verizon in order to impose
 on Verizon an obligation to provide a UNE or a Combination that Verizon would
 not otherwise have an obligation to provide.
 For example, D&E shall not order Telecommunications Services or
 advise its Customer to order Telecommunications Services where existing UNEs
 or Combination desired by D&E are not available in order to permit
 D&E to subsequently convert the Telecommunications Services to the UNEs
 or Combinations desired by D&E.

 
	
  

 	
  

 	
  

 
	
  

 	
 1.3

 	
 D&E may use a
 UNE or Combination only for those purposes for which Verizon is required by
 Applicable Law to provide such UNE or Combination to D&E. Without limiting the foregoing, D&E
 may use a UNE or Combination (a) only to provide a Telecommunications Service
 and (b) to provide Exchange Access services only to the extent that Verizon
 is required by Applicable Law to provide such UNE or Combination to D&E
 in order to allow D&E to provide such Exchange Access services.

 
	
  

 	
  

 	
  

 
	
  

 	
 1.4

 	
 Notwithstanding
 any other provision of this Agreement:

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 1.4.1

 	
 To the extent that
 Verizon is required by a change in Applicable Law to provide a UNE or
 Combination not offered under this Agreement to D&E as of the Effective
 Date, the terms, conditions and prices for such UNE or Combination
 (including, but not limited to, the terms and conditions defining the UNE or
 Combination and stating when and where the UNE 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, or, in the absence of an
 applicable Verizon Tariff, as mutually agreed by the Parties.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 1.4.2

 	
 Verizon shall not
 be obligated to provide to D&E, and D&E shall not request from
 Verizon, access to a proprietary advanced intelligent network service.

 


81









	
  

 	
  

 	
  

 
	
  

 	
 1.5

 	
 Without limiting
 Verizon’s rights pursuant to Applicable Law or any other section of this
 Agreement to terminate its provision of a UNE or a Combination, if Verizon
 provides a UNE or Combination to D&E, 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
 UNEs or Combination, Verizon may terminate its provision of such UNE or
 Combination to D&E. If Verizon
 terminates its provision of a UNE or a Combination to D&E pursuant to
 this Section 1.5 and D&E elects to purchase other Services offered by
 Verizon in place of such UNE or Combination, then: (a) Verizon shall reasonably cooperate with D&E to
 coordinate the termination of such UNE or Combination and the installation of
 such Services to minimize the interruption of service to Customers of
 D&E; and, (b) D&E shall pay all applicable charges for such Services,
 including, but not limited to, all applicable installation charges.

 
	
  

 	
  

 	
  

 
	
  

 	
 1.6

 	
 Nothing contained
 in this Agreement shall be deemed to constitute an agreement by Verizon that
 any item identified in this Agreement as a UNE is (i) a Network Element under
 Applicable Law, or (ii) a Network Element Verizon is required by Applicable
 Law to provide to D&E on an unbundled basis.

 
	
  

 	
  

 	
  

 
	
  

 	
 1.7

 	
 Except as
 otherwise expressly stated in this Agreement, D&E shall access Verizon’s
 UNEs specifically identified in this Agreement via Collocation in accordance
 with the Collocation Attachment at the Verizon Wire Center where those
 elements exist, and each Loop or Port shall, in the case of Collocation, be
 delivered to D&E’s Collocation node by means of a Cross Connection.

 
	
  

 	
  

 	
  

 
	
  

 	
 1.8

 	
 If as the result
 of D&E Customer actions (i.e., Customer Not Ready (“CNR”)), Verizon
 cannot complete requested work activity when a technician has been dispatched
 to the D&E Customer premises, D&E will be assessed a non-recurring
 charge associated with this visit.
 This charge will be the sum of the applicable Service Order charge
 specified in the Pricing Attachment and the Premises Visit Charge as
 specified in Verizon’s applicable retail or Wholesale Tariff.

 
	
  

 	
  

 	
  

 
	
 2.

 	
 Verizon’s
 Provision of UNEs

 
	
  

 	
  

 
	
  

 	
 Subject to the
 conditions set forth in Section 1, in accordance with, but only to the extent
 required by, Applicable Law, Verizon shall provide D&E access to the
 following:

 
	
  

 	
  

 
	
  

 	
 2.1

 	
 Loops, as set
 forth in Section 3;

 
	
  

 	
  

 	
  

 
	
  

 	
 2.2

 	
 Line Sharing, as
 set forth in Section 4;

 
	
  

 	
  

 	
  

 
	
  

 	
 2.3

 	
 Line Splitting, as
 set forth in Section 5;

 
	
  

 	
  

 	
  

 
	
  

 	
 2.4

 	
 Sub-Loops, as set
 forth in Section 6;

 
	
  

 	
  

 	
  

 
	
  

 	
 2.5

 	
 Inside Wire, as
 set forth in Section 7;

 
	
  

 	
  

 	
  

 
	
  

 	
 2.6

 	
 Dark Fiber, as set
 forth in Section 8;

 
	
  

 	
  

 	
  

 
	
  

 	
 2.7

 	
 Network Interface
 Device, as set forth in Section 9;

 
	
  

 	
  

 	
  

 
	
  

 	
 2.8

 	
 Switching
 Elements, as set forth in Section 10;

 
	
  

 	
  

 	
  

 
	
  

 	
 2.9

 	
 Interoffice
 Transmission Facilities, as set forth in Section 11;

 


82









	
  

 	
  

 	
  

 
	
  

 	
 2.10

 	
 Signaling Networks
 and Call-Related Databases, as set forth in Section 12;

 
	
  

 	
  

 	
  

 
	
  

 	
 2.11

 	
 Operations Support
 Systems, as set forth in Section 13; and 

 
	
  

 	
  

 	
  

 
	
  

 	
 2.12

 	
 Other UNEs in
 accordance with Section 14.

 
	
  

 	
  

 	
  

 
	
 3.

 	
 Loop
 Transmission Types

 
	
  

 	
  

 
	
  

 	
 Subject to the
 conditions set forth in Section 1, Verizon shall allow D&E to access
 Loops unbundled from local switching and local transport, in accordance with
 the terms and conditions set forth in this Section 3. Verizon shall allow D&E access to
 Loops in accordance with, but only to extent required by, Applicable
 Law. The available Loop types are as
 set forth below:

 
	
  

 	
  

 
	
  

 	
 3.1

 	
 “2 Wire Analog
 Voice Grade Loop” or “Analog 2W” provides an effective 2-wire channel with
 2-wire interfaces at each end that is suitable for the transport of analog
 Voice Grade (nominal 300 to 3000 Hz) signals and loop-start signaling. This
 Loop type is more fully described in Verizon TR-72565, as revised from
 time-to-time. If “Customer-Specified
 Signaling” is requested, the Loop will operate with one of the following signaling
 types that may be specified when the Loop is ordered: loop-start, ground-start,
 loop-reverse-battery, and no signaling.
 Customer specified signaling is more fully described in Verizon
 TR-72570, as revised from time-to-time.

 
	
  

 	
  

 	
  

 
	
  

 	
 3.2

 	
 “4-Wire Analog
 Voice Grade Loop” or “Analog 4W” provides an effective 4-wire channel with
 4-wire interfaces at each end that is suitable for the transport of analog
 Voice Grade (nominal 300 to 3000 Hz) signals. This Loop type will operate
 with one of the following signaling types that may be specified when the
 service is ordered: loop-start,
 ground-start, loop-reverse-battery, duplex, and no signaling. This Loop type is more fully described in
 Verizon TR-72570, as revised from time-to-time.

 
	
  

 	
  

 	
  

 
	
  

 	
 3.3

 	
 “2-Wire ISDN Digital
 Grade Loop” or “BRI ISDN” provides a channel with 2-wire interfaces at each
 end that is suitable for the transport of 160 kbps digital services using the
 ISDN 2B1Q line code as described in ANSI T1.601-1998 and Verizon TR 72575 (,
 as TR 72575 is revised from time-to-time).
 In some cases loop extension equipment may be necessary to bring the
 line loss within acceptable levels.
 Verizon will provide loop extension equipment only upon request. A separate charge will apply for loop
 extension equipment.

 
	
  

 	
  

 	
  

 
	
  

 	
 3.4

 	
 “2-Wire
 ADSL-Compatible Loop” or “ADSL 2W” provides a channel with 2-wire interfaces
 at each end that is suitable for the transport of digital signals up to 8
 Mbps toward the Customer and up to 1 Mbps from the Customer. ADSL-Compatible Loops will be available
 only where existing copper facilities are available and meet applicable
 specifications. Verizon will not
 build new copper facilities. The
 upstream and downstream ADSL power spectral density masks and dc line power
 limits in Verizon TR 72575, Issue 2, as revised from time-to-time, must be
 met.

 
	
  

 	
  

 	
  

 
	
  

 	
 3.5

 	
 “2-Wire
 HDSL-Compatible Loop” or “HDSL 2W” consists of a single 2-wire non-loaded,
 twisted copper pair that meets the carrier serving area design criteria. The HDSL power spectral density mask and
 dc line power limits referenced in Verizon TR 72575, Issue 2, as revised from
 time-to-time, must be met. 2-wire
 HDSL-compatible local loops will be provided only where existing facilities
 are available and can meet applicable specifications. Verizon will not build new 

 


83









	
  

 	
  

 	
  

 
	
  

 	
  

 	
 copper
 facilities. The 2-wire
 HDSL-compatible loop is only available in former Bell Atlantic service
 areas. D&E may order a GTE
 Designed Digital Loop to provide similar capability in the GTE service
 area. 

 
	
  

 	
  

 	
  

 
	
  

 	
 3.6

 	
 “4-Wire
 HDSL-Compatible Loop” or “HDSL 4W” consists of two 2-wire non-loaded, twisted
 copper pairs that meet the carrier serving area design criteria. The HDSL power spectral density mask and
 dc line power limits referenced in Verizon TR 72575, Issue 2, as revised from
 time-to-time, must be met. 4-Wire
 HDSL-compatible local loops will be provided only where existing facilities
 are available and can meet applicable specifications. Verizon will not build new copper
 facilities.

 
	
  

 	
  

 	
  

 
	
  

 	
 3.7

 	
 “4-Wire
 DS1-compatible Loop” provides a channel with 4-wire interfaces at each
 end. Each 4-wire channel is suitable
 for the transport of 1.544 Mbps digital signals simultaneously in both
 directions using PCM line code.
 DS-1-compatible Loops will be available only where existing facilities
 can meet the specifications in ANSI T1.403 and Verizon TR 72575 (as TR 72575
 is revised from time-to-time).

 
	
  

 	
  

 	
  

 
	
  

 	
 3.8

 	
 “2-Wire
 IDSL-Compatible Metallic Loop” consists of a single 2-wire non-loaded,
 twisted copper pair that meets revised resistance design criteria. This UNE
 loop, is intended to be used with very-low band symmetric DSL systems that
 meet the Class 1 signal power limits and other criteria in the draft T1E1.4
 loop spectrum management standard (T1E1.4/2000-002R3) and are not compatible
 with 2B1Q 160 kbps ISDN transport systems.
 The actual data rate achieved depends upon the performance of
 CLEC-provided modems with the electrical characteristics associated with the
 loop. This loop cannot be provided
 via UDLC. IDLC-compatible local loops
 will be provided only where facilities are available and can meet applicable
 specifications. Verizon will not
 build new copper facilities.

 
	
  

 	
  

 	
  

 
	
  

 	
 3.9

 	
 “2-Wire
 SDSL-Compatible Loop”, is intended to be used with low band symmetric DSL
 systems that meet the Class 2 signal power limits and other criteria in the
 draft T1E1.4 loop spectrum management standard (T1E1.4/2000-002R3). This UNE loop consists of a single 2-wire
 non-loaded, twisted copper pair that meets Class 2 length limit in
 T1E1.4/2000-002R3. The data rate
 achieved depends on the performance of the CLEC-provided modems with the
 electrical characteristics associated with the loop. SDSL-compatible local loops will be
 provided only where facilities are available and can meet applicable
 specifications. Verizon will not
 build new copper facilities.

 
	
  

 	
  

 	
  

 
	
  

 	
 3.10

 	
 “4-Wire 56 kbps
 Loop” is a 4-wire Loop that provides a transmission path that is suitable for
 the transport of digital data at a synchronous rate of 56 kbps in opposite
 directions on such Loop simultaneously.
 A 4-Wire 56 kbps Loop consists of two pairs of non-loaded copper wires
 with no intermediate electronics or it consists of universal digital loop
 carrier with 56 kbps DDS dataport transport capability. Verizon shall provide 4-Wire 56 kbps Loops
 to D&E in accordance with, and subject to, the technical specifications
 set forth in Verizon Technical Reference TR72575, Issue 2, as revised from
 time-to-time

 
	
  

 	
  

 	
  

 
	
  

 	
 3.11

 	
 “DS-3 Loops” will
 support the transmission of isochronous bipolar serial data at a rate of
 44.736 Mbps or the equivalent of 28 DS-1 channels. The DS-3 Loop includes the
 electronics necessary to provide the DS-3 transmission rate. A DS-3 Loop will only be provided where
 the electronics are at the requested installation date currently available
 for the requested loop. Verizon will
 not install 

 


84









	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 new
 electronics. DS-3 specifications are
 referenced in Verizon’s TR72575 as revised from time to time).

 
	
  

 	
  

 	
  

 
	
  

 	
 3.12

 	
 “Digital Designed
 Loops” are comprised of designed loops that meet specific D&E
 requirements for metallic loops over 18k ft. or for conditioning of ADSL,
 HDSL, SDSL, IDSL, or BRI ISDN Loops.
 “Digital Designed Loops” may include requests for:

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.12.1

 	
 a 2W Digital
 Designed Metallic Loop with a total loop length of 18k to 30k ft., unloaded,
 with the option to remove bridged tap;

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.12.2

 	
 a 2W ADSL Loop of
 12k to 18k ft. with an option to remove bridged tap;

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.12.3

 	
 a 2W ADSL Loop of
 less than 12k ft. with an option to remove bridged tap;

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.12.4

 	
 a 2W HDSL Loop of
 less than 12k ft. with an option to remove bridged tap:

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.12.5

 	
 a 4W HDSL Loop of
 less than 12k ft with an option to remove bridged tap;

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.12.6

 	
 a 2 W Digital
 Designed Metallic Loop with Verizon-placed ISDN loop extension electronics; 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.12.7

 	
 a 2W SDSL Loop
 with an option to remove bridged tap;

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.12.8

 	
 a 2W IDSL Loop of
 less than 18k ft. with an option to remove bridged tap; and

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 3.13

 	
 Verizon shall make
 Digital Designed Loops available to D&E at the rates as set forth in the
 Pricing Attachment.

 
	
  

 	
  

 	
  

 
	
  

 	
 3.14

 	
 The following
 ordering procedures shall apply to the xDSL and Digital Designed Loops:

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.14.1

 	
 D&E shall
 place orders for Digital Designed Loops by delivering to Verizon a valid
 electronic transmittal service order or other mutually agreed upon type of
 service order. Such service order
 shall be provided in accordance with industry format and specifications or
 such format and specifications as may be agreed to by the Parties. 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.14.2

 	
 Verizon is conducting
 a mechanized survey of existing Loop facilities, on a Central Office by
 Central Office basis, to identify those Loops that meet the applicable
 technical characteristics established by Verizon for compatibility with ADSL,
 HDSL, IDSL and SDSL signals. The
 results of this survey will be stored in a mechanized database and made
 available to D&E as the process is completed in each Central Office. D&E must utilize this mechanized loop
 qualification database, where available, in advance of submitting a valid
 electronic transmittal service order for an ADSL, HDSL, IDSL or SDSL
 Loop. Charges for mechanized loop
 qualification information are set forth in the Pricing Attachment.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.14.3

 	
 If the Loop is not
 listed in the mechanized database described in Section 3.14.3, D&E must
 request a manual loop qualification prior to submitting 

 


85









	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 a valid electronic
 service order for an ADSL, HDSL, SDSL, IDSL, or BRI ISDN Loop. The rates for manual loop qualification
 are set forth in the Pricing Attachment.
 In general, Verizon will complete a manual loop qualification request
 within three business days, although Verizon may require additional time due
 to poor record conditions, spikes in demand, or other unforeseen events.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.14.4

 	
 If a query to the
 mechanized loop qualification database or manual loop qualification indicates
 that a Loop does not qualify (e.g., because it does not meet the applicable
 technical parameters set forth in the Loop descriptions above), D&E may
 request an Engineering Query, as described in Section 3.14.6, to determine
 whether the result is due to characteristics of the loop itself.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.14.5

 	
 If D&E submits
 a service order for an ADSL, HDSL, SDSL, IDSL, or BRI ISDN Loop that has not
 been prequalified, Verizon will query the service order back to the CLEC for
 qualification and will not accept such service order until the Loop has been
 prequalified on a mechanized or manual basis. If D&E submits a service order for an ADSL, HDSL, SDSL,
 IDSL, or BRI ISDN Loop that is, in fact, not compatible with such services in
 its existing condition, Verizon will respond back to D&E with a
 “Nonqualified” indicator and the with information showing whether the
 non-qualified result is due to the presence of load coils, presence of digital
 loop carrier, or loop length (including bridged tap).

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.14.6

 	
 Where D&E has
 followed the prequalification procedure described above and has determined
 that a Loop is not compatible with ADSL, HDSL, SDSL, IDSL, or BRI ISDN
 service in its existing condition, it may either request an Engineering Query
 to determine whether conditioning may make the Loop compatible with the
 applicable service; or if D&E is already aware of the conditioning
 required (e.g., where D&E has previously requested a qualification and
 has obtained loop characteristics), D&E may submit a service order for a
 Digital Designed Loop. Verizon will
 undertake to condition or extend the Loop in accordance with this Section
 3.14 upon receipt of D&E’s valid, accurate and pre-qualified service
 order for a Digital Designed Loop.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 3.15

 	
 The Parties will
 make reasonable efforts to coordinate their respective roles in order to
 minimize provisioning problems. In
 general, where conditioning or loop extensions are requested by D&E, an
 interval of eighteen (18) business days will be required by Verizon to
 complete the loop analysis and the necessary construction work involved in
 conditioning and/or extending the loop as follows:

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.15.1

 	
 Three (3) business
 days will be required following receipt of D&E’s valid, accurate and
 pre-qualified service order for a Digital Designed Loop to analyze the loop
 and related plant records and to create an Engineering Work Order.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.15.2

 	
 Upon completion of
 an Engineering Query, Verizon will initiate the construction order to perform
 the changes/modifications to the Loop requested by D&E. Conditioning activities are, in most
 cases, able to be accomplished within fifteen (15) business days. Unforeseen conditions may add to this
 interval.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 After the
 engineering and conditioning tasks have been completed, the standard Loop
 provisioning and installation process will be initiated, subject to Verizon’s
 

 


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 standard
 provisioning intervals.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 3.16

 	
 If D&E
 requires a change in scheduling, it must contact Verizon to issue a
 supplement to the original service order.
 If D&E cancels the request for conditioning after a loop analysis
 has been completed but prior to the commencement of construction work,
 D&E shall compensate Verizon for an Engineering Work Order charge as set
 forth in the Pricing Attachment. If
 D&E cancels the request for conditioning after the loop analysis has been
 completed and after construction work has started or is complete, D&E
 shall compensate Verizon for an Engineering Work Order charge as well as the
 charges associated with the conditioning tasks performed as set forth in the
 Pricing Attachment.

 
	
  

 	
  

 	
  

 
	
  

 	
 3.17

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

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.17.1

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

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.17.1.1

 	
 Coordinated
 cutover charges shall apply to conversions of live Telephone Exchange
 Services to Analog 2W Loops. When an
 outside dispatch is required to perform a conversion, additional charges may
 apply. If D&E does not request a
 coordinated cutover, Verizon will process D&E’s order as a new
 installation subject to applicable standard provisioning intervals.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.17.1.2

 	
 D&E shall
 request Analog 2W Loops for coordinated cutover from Verizon by delivering to
 Verizon a valid electronic Local Service Request (“LSR”). Verizon agrees to accept from D&E the
 date and time for the conversion designated on the LSR (“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, D&E and Verizon shall mutually agree on a New Conversion
 Time, as defined below. D&E shall
 designate the Scheduled Conversion Time subject to Verizon standard
 provisioning intervals as stated in the Verizon CLEC Handbook, as may be
 revised from time to time. Within
 three (3) business days of Verizon’s receipt of such valid LSR, or as
 otherwise required by Applicable Law, Verizon shall provide D&E the
 scheduled due date for conversion of the Analog 2W Loops covered by such LSR.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.17.1.3

 	
 D&E shall
 provide dial tone at the D&E Collocation site at least forty-eight (48)
 hours prior to the Scheduled Conversion Time.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.17.1.4

 	
 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 

 


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 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. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.17.1.5

 	
 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: 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 3.17.1.5.1

 	
 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 upon request from
 D&E; and 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 3.17.1.5.2

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.17.1.6

 	
 If D&E 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 D&E
 will reschedule and, upon request from D&E, Verizon will waive the Analog
 2W Loop Service Order Charge for the original Scheduled Conversion Time.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.17.1.7

 	
 The standard time
 interval expected from disconnection of a live Telephone Exchange Service to
 the connection of the Analog 2W Loops to D&E is fifteen (15) minutes per
 Analog 2W Loop for all orders consisting of twenty (20) Analog 2W Loops or
 less. Orders involving more than
 twenty (20) Loops will require a negotiated interval.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.17.1.8

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.17.1.9

 	
 If D&E
 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.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 3.18

 	
 Verizon shall
 provide D&E access to its Loops at each of Verizon’s Wire Centers for
 Loops terminating in that Wire Center.
 In addition, if D&E orders one or more Loops provisioned via
 Integrated Digital Loop Carrier or Remote Switching technology deployed as a
 Loop concentrator, Verizon shall, where available, move the requested Loop(s)
 to a spare physical Loop, if one is existing and 

 


88









	
  

 	
  

 	
  

 
	
  

 	
  

 	
 available, at no
 additional charge to D&E. If,
 however, no spare physical Loop is available, Verizon shall within three (3)
 Business Days of D&E’s request notify D&E of the lack of available
 facilities. D&E may then at its
 discretion make a Network Element Bona Fide Request pursuant to Section 13.3
 to Verizon to provide the unbundled Local Loop through the demultiplexing of
 the integrated digitized Loop(s).
 D&E may also make a Network Element Bona Fide Request pursuant to
 Section 13.3 for access to Unbundled Local Loops at the Loop concentration
 site point. Notwithstanding anything
 to the contrary in this Agreement, standard provisioning intervals shall not
 apply to Loops provided under this Section 3.18.

 
	
  

 	
  

 	
  

 
	
 4.

 	
 Line
 Sharing

 
	
  

 	
  

 
	
  

 	
 4.1

 	
  ‘Line Sharing’ is an arrangement by which Verizon
 facilitates D&E’s provision of ADSL (in accordance with T1.413),
 Splitterless ADSL (in accordance with T1.419), RADSL (in accordance with TR #
 59), Multiple Virtual Line (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 D&E, solely for D&E’s own use, the frequency range above
 the voice band on the same copper Loop required by D&E to provide such services. This Section 4 addresses Line Sharing over
 loops that are entirely copper loops.

 
	
  

 	
  

 	
  

 
	
  

 	
 4.2

 	
 In accordance
 with, but only to the extent required by Applicable Law, Verizon shall provide Line Sharing to D&E for
 D&E’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, on the
 terms and conditions set forth herein.
 In order for a Loop to be eligible for Line Sharing, the following
 conditions must be satisfied for the duration of the Line Sharing
 arrangement: (i) the Loop must
 consist of a copper loop compatible with an xDSL service that is presumed to
 be acceptable for shared-line deployment in accordance with FCC rules; (ii) Verizon must be providing simultaneous circuit-switched analog voice grade
 service to the Customer served by the Loop in question; (iii) the Verizon Customer’s dial tone
 must originate from a Verizon End
 Office Switch in the Wire Center where the Line Sharing arrangement is being
 requested; and (iv) the xDSL technology to be deployed by D&E on that
 Loop must not significantly degrade the performance of other services
 provided on that Loop.

 
	
  

 	
  

 	
  

 
	
  

 	
 4.3

 	
 Verizon shall make
 Line Sharing available to D&E at the rates set forth in the Pricing
 Attachment. In addition to the
 recurring and nonrecurring charges shown in the Pricing Attachment for Line
 Sharing itself, the following rates shown in the Pricing Attachment and in
 Verizon ’s applicable Tariffs are among those that may apply to a Line
 Sharing arrangement: (i)
 prequalification charges to determine whether a Loop is xDSL compatible
 (i.e., compatible with an xDSL service that is presumed to be acceptable for
 shared-line deployment in accordance with FCC rules); (ii) engineering query charges,
 engineering work order charges, or Loop conditioning (Digital Designed Loop)
 charges; (iii) charges associated with
 Collocation activities requested by D&E;
 and (iv) misdirected dispatch charges, charges for installation or
 repair, manual intervention surcharges, trouble isolation charges, and pair
 swap/line and station transfer charges.

 
	
  

 	
  

 	
  

 
	
  

 	
 4.4

 	
 The following
 ordering procedures shall apply to Line Sharing:

 


89









	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 4.4.1

 	
 To determine
 whether a Loop qualifies for Line Sharing, the Loop must first be
 prequalified to determine if it is xDSL compatible. D&E must utilize the mechanized or manual Loop
 qualification processes described in the terms applicable to Digital Designed
 Loops, as referenced in Section 4.4.5 below, to make this determination.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 4.4.2

 	
 D&E shall
 place orders for Line Sharing by delivering to Verizon a valid electronic transmittal service order
 or other mutually agreed upon type of service order. Such service order shall be provided in
 accordance with industry format and specifications or such format and
 specifications as may be agreed to by the Parties.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 4.4.3

 	
 If the Loop is
 prequalified by D&E through the Loop prequalification database, and if a
 positive response is received and followed by receipt of D&E’s valid,
 accurate and pre-qualified service order for Line Sharing, Verizon will
 return an LSR confirmation within twenty-four (24) hours (weekends and
 holidays excluded) for LSRs with less than six (6) loops and within 72 hours
 (weekends and holidays excluded) for LSRs with six (6) or more loops.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 4.4.4

 	
 If the Loop
 requires qualification manually or through an Engineering Query, three (3)
 additional Business Days will be generally be required to obtain Loop
 qualification results before an order confirmation can be returned following
 receipt of D&E’s valid, accurate request. Verizon may require additional time to complete the Engineering
 Query where there are poor record conditions, spikes in demand, or other
 unforeseen events.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 4.4.5

 	
 If conditioning is
 required to make a Loop capable of supporting Line Sharing and D&E orders
 such conditioning, then Verizon shall provide such conditioning in accordance
 with the terms of this Agreement pertaining to Digital Designed Loops
 provided, however, that Verizon shall not be obligated to provide Loop
 conditioning if, Verizon establishes that, in accordance with approved Power
 Spectral Density (PSD) masks, calculation-based standards adopted by the
 Industry Standards bodies and Verizon or field testing, such conditioning is likely to degrade
 significantly the voice-grade service being provided to Verizon ’s Customers
 over such Loops.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 4.4.6

 	
 The standard Loop
 provisioning and installation process will be initiated for the Line Sharing
 arrangement only once the requested engineering and conditioning tasks have
 been completed on the Loop.
 Scheduling changes and charges associated with order cancellations
 after conditioning work has been initiated are addressed in the terms
 pertaining to Digital Designed Loops, as referenced in Section 4.4.5
 above. Except as otherwise required
 by Applicable Law, provisioning intervals for the Line Sharing arrangement
 initially shall be the standard interval of six (6) Business Days applicable
 to 2W ADSL Loops. Where Applicable
 Law has ordered shorter intervals, the shortened intervals will apply in the
 event that a dispatch is not required, where conditioning work is not
 necessary and where facility modifications are not required. In no event shall the Line Sharing
 interval applied to D&E be longer than the interval applied to any
 Affiliate of Verizon. Line Sharing
 arrangements that require pair swaps or line and station transfers in order
 to free up facilities will have a provisioning interval of no less than six
 (6) Business Days.

 


90









	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 4.4.7

 	
 D&E must
 provide all required Collocation, CFA, Special Bill Number (“SBN”) and NC/NCI
 information when a Line Sharing arrangement is ordered. Collocation augments required, either at
 the Point of Termination Bay (POT), Collocation node, or for splitter
 placement, must be ordered using standard collocation applications and
 procedures, unless otherwise agreed to by the Parties or specified in this
 Agreement.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 4.4.8

 	
 The Parties
 recognize that Line Sharing is an offering that requires both Parties to make
 reasonable efforts to coordinate their respective roles in the roll out of
 Line Sharing in order to minimize provisioning problems and facility
 issues. D&E will provide
 reasonable, timely, and accurate forecasts of its Line Sharing requirements,
 including splitter placement elections and ordering preferences. These
 forecasts are in addition to projections provided for other stand-alone
 unbundled Loop types.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 4.5

 	
 To the extent
 required by Applicable Law, D&E shall
 provide Verizon with information regarding the type of xDSL technology that
 it deploys on each shared Loop. Where
 any proposed change in technology is planned on a shared Loop, D&E must
 provide this information to Verizon in order for Verizon to update Loop
 records and anticipate effects that the change may have on the voice grade
 service and other Loops in the same or adjacent binder groups.

 
	
  

 	
  

 	
  

 
	
  

 	
 4.6

 	
 As described more fully in Verizon Technical Reference 72575, the
 xDSL technology used by D&E for Line Share Arrangements shall operate
 within the Power Spectral Density (PSD) limits set forth in T1.413-1998
 (ADSL), T1.419-2000 (Splitterless ADSL), or TR59-1999 (RADSL), and MVL (a
 proprietary technology) shall operate within the 0 to 4 kHz PSD limits of
 T1.413-1998 and within the transmit PSD limits of T1.601-1998 for frequencies
 above 4 kHz, provided that the MVL PSD associated with audible frequencies
 above 4 kHz shall be sufficiently attenuated to preclude significantly
 degrading voice services. D&E’s
 deployment of additional Advanced Services shall be subject to the applicable
 FCC Rules.

 
	
  

 	
  

 	
  

 
	
  

 	
 4.7

 	
 D&E may only
 access the high frequency portion of a Loop in a Line Sharing arrangement
 through an established Collocation arrangement at the Verizon Serving Wire
 Center that contains the End Office Switch through which voice grade service
 is provided to Verizon ’s Customer.
 D&E is responsible for providing a splitter at that Wire Center
 that complies with ANSI specification T1.413 which employs Direct Current
 (“DC”) blocking capacitors or equivalent technology to assist in isolating
 high bandwidth trouble resolution and maintenance to the high frequency
 portion of the frequency spectrum, and is designed so that the analog voice
 “dial tone” stays active when the splitter card is removed for testing or
 maintenance through one of the splitter options described below. D&E is also responsible for providing
 its own Digital Subscriber Line Access Multiplexer (“DSLAM”) equipment in the
 Collocation arrangement and any necessary Customer Provided Equipment (“CPE”)
 for the xDSL service it intends to provide (including CPE splitters, filters
 and/or other equipment necessary for the end user to receive separate voice
 and data services across the shared Loop).
 Two splitter configurations are available. In both configurations, the splitter must be provided by
 D&E and must satisfy the same NEBS requirements that Verizon imposes on
 its own splitter equipment or the splitter equipment of any Verizon
 Affiliate. D&E must designate which splitter option it is
 choosing on the Collocation application or augment. Regardless of the option selected, the splitter arrangements
 must be installed before D&E submits an order for Line Sharing.

 


91









	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 Splitter Option 1:
 Splitter in D&E Collocation Area

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 In this
 configuration, the D&E-provided splitter (ANSI T1.413 or MVL compliant)
 is provided, installed and maintained by D&E in its own Collocation space
 within the Customer’s serving End Office.
 The Verizon -provided dial tone is routed through the splitter in the
 D&E Collocation area. Any
 rearrangements will be the responsibility of D&E.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 Splitter Option 2:
 Splitter in Verizon Area

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 In this
 configuration, Verizon inventories and maintains a D&E-provided splitter
 (ANSI T1.413 or MVL compliant) in Verizon space within the Customer’s serving
 End Office. The splitters will be
 installed shelf-at-a-time.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 In those serving
 End Offices where Verizon has employed the use of a POT Bay, the splitter
 will be installed (mounted) in a relay rack between the POT Bay and the
 MDF. The demarcation point is at the
 splitter end of the cable connecting D&E Collocation and the
 splitter. At D&E’s option,
 installation of the splitter shelf may be performed by Verizon or by a
 Verizon -approved vendor designated by D&E.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 In those serving
 End Offices where Verizon does not employ the use of a POT Bay, D&E provided
 splitter will be located via a virtual-LIKE collocation arrangement, to which
 D&E does not have access. D&E shall receive its DSL traffic via tie
 cables running from the MDF to the splitter and from the splitter to
 D&E’s collocation arrangement.
 The demarcation point is the connection to the DSLAM from the
 splitter. The installation of the
 splitter shelf will be performed by Verizon or by a Verizon -approved vendor.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 In either
 scenario, Verizon will control the splitter and will direct any required
 activity. Where a POT Bay is
 employed, Verizon will also perform all POT Bay work required in this
 configuration. Verizon will provide a
 splitter inventory to D&E upon completion of the required augment.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 4.7.1

 	
 Where a new
 splitter is to be installed as part of an initial Collocation implementation,
 the splitter installation may be ordered as part of the initial Collocation
 application. Associated Collocation
 charges (application and engineering fees) apply. D&E must submit a new Collocation application, with the
 application fee, to Verizon detailing its request. Standard Collocation intervals will apply (unless Applicable
 Law requires otherwise).

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 4.7.2

 	
 Where a new
 splitter is to be installed as part of an existing Collocation arrangement,
 or where the existing Collocation arrangement is to be augmented (e.g., with
 additional terminations at the POT Bay or CLEC’s collocation arrangement to
 support Line Sharing), the splitter installation or augment may be ordered
 via an application for Collocation augment.
 Associated Collocation charges (application and engineering fees)
 apply. D&E must submit the
 application for Collocation augment, with the application fee, to
 Verizon. Unless a longer interval is
 stated in Verizon’s applicable Tariff, an interval of seventy-six (76)
 business days shall apply.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 4.8

 	
 D&E will have
 the following options for testing shared Loops:

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 4.8.1

 	
 In serving End
 Offices where a POT Bay has been employed for use the 

 


92









	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 following options
 shall be available to D&E.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 4.8.1.1

 	
 Under Splitter
 Option 1, D&E may conduct its own physical tests of the shared Loop from
 D&E’s collocation area. If it
 chooses to do so, D&E may supply and install a test head to facilitate
 such physical tests, provided that:
 (a) the test head satisfies the same NEBS requirements that Verizon
 imposes on its own test head equipment or the test head equipment of any
 Verizon Affiliate; and (b) the test head does not interrupt the voice circuit
 to any greater degree than a conventional Mechanized Loop Test (MLT). Specifically, the D&E-provided test
 equipment may not interrupt an in-progress voice connection and must
 automatically restore any circuits tested in intervals comparable to
 MLT. This optional D&E-provided
 test head would be installed between the “line” port of the splitter and the
 POT Bay in order to conduct remote physical tests of the shared Loop.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 4.8.1.2

 	
 Under Splitter
 Option 2, either Verizon or a Verizon -approved vendor selected by D&E
 may install a D&E-provided test head to enable D&E to conduct remote
 physical tests of the shared Loop.
 This optional D&E-provided test head may be installed at a point
 between the “line” port of the splitter and the Verizon -provided test head
 that is used by Verizon to conduct its own Loop testing. The D&E-provided test head must
 satisfy the same NEBS requirements that Verizon imposes on its own test head
 equipment or the test head equipment of any Verizon Affiliate, and may not
 interrupt the voice circuit to any greater degree than a conventional MLT
 test. Specifically, the
 D&E-provided test equipment may not interrupt an in-progress voice
 connection and must automatically restore any circuits tested in intervals
 comparable to MLT. Verizon will
 inventory, control and maintain the D&E-provided test head, and will
 direct all required activity.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 4.8.1.3

 	
 Under either
 Splitter Option, if Verizon has installed its own test head, Verizon will
 conduct tests of the shared Loop using a Verizon -provided test head, and,
 upon request, will provide these test results to D&E during normal
 trouble isolation procedures in accordance with reasonable procedures.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 4.8.1.4

 	
 Under either
 Splitter Option, Verizon will make MLT access available to D&E via RETAS
 after the service order has been completed.
 D&E will utilize the circuit number to initiate a test. This functionality will be available on
 October 31, 2000.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 4.8.2

 	
 In those serving
End Offices where Verizon has not employed a POT Bay for use, D&E will
not be permitted to supply its own test head; Verizon will make its testing
system available to D&E through use of the on-line computer interface
test system at www.gte.com/wise. This
system is available 24 hours, 7 days a week. 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 4.8.3

 	
 The Parties will
 continue to work cooperatively on testing procedures. To this end, in situations where D&E
 has attempted to use one or more of the foregoing testing options but is
 still unable to resolve the error or trouble on the shared Loop, Verizon and
 D&E will each dispatch a 

 


93









	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 technician to an
 agreed-upon point to conduct a joint meet test to identify and resolve the
 error or trouble. Verizon may assess
 a charge for a misdirected dispatch only if the error or trouble is
 determined to be one that D&E should reasonably have been able to isolate
 and diagnose through one of the testing options available to D&E
 above. The Parties will mutually
 agree upon the specific procedures for conducting joint meet tests.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 4.8.4

 	
 Verizon and
 D&E each have a joint responsibility to educate its Customer regarding
 which service provider should be called for problems with their respective
 voice or Advanced Service offerings.
 Verizon will retain primary responsibility for voice band trouble
 tickets, including repairing analog voice grade services and the physical
 line between the NID at the Customer premise and the point of demarcation in
 the Central Office. D&E will be
 responsible for repairing advanced data services it offers over the Line
 Sharing arrangement. Each Party will
 be responsible for maintaining its own equipment. Before either Party initiates any activity on a new shared Loop
 that may cause a disruption of the voice or data service of the other Party,
 that Party shall first make a good faith effort to notify the other Party of
 the possibility of a service disruption.
 Verizon and D&E will work together to address Customer initiated
 repair requests and to prevent adverse impacts to the Customer.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 4.8.5

 	
 When Verizon
 provides Inside Wire maintenance services to the Customer, Verizon will only
 be responsible for testing and repairing the Inside Wire for voice-grade
 services. Verizon will not test,
 dispatch a technician, repair, or upgrade Inside Wire to clear trouble calls
 associated with D&E’s Advanced Services. Verizon will not repair any CPE
 equipment provided by D&E. Before
 a trouble ticket is issued to Verizon, D&E shall validate whether the
 Customer is experiencing a trouble that arises from D&E’s Advanced
 Service. If the problem reported is
 isolated to the analog voice-grade service provided by Verizon, a trouble
 ticket may be issued to Verizon.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 4.8.6

 	
 In the case of a
 trouble reported by the Customer on its voice-grade service, if Verizon determines the reported trouble arises from
 D&E’s Advanced Services equipment, splitter problems, or D&E’s
 activities, Verizon will:

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 4.8.6.1

 	
 Notify D&E and
 request that D&E immediately test the trouble on D&E’s Advanced
 Service.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 4.8.6.2

 	
 If the Customer’s
 voice grade service is so degraded that the Customer cannot originate or
 receive voice grade calls, and D&E has not cleared its trouble within a
 reasonable time frame, Verizon may take unilateral steps to temporarily
 restore the Customer’s voice grade service if Verizon determines in good
 faith that the cause of the voice interruption is D&E’s data service.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 4.8.6.3

 	
 Upon completion of
 Sections 4.8.6.1 and 4.8.6.2 above, Verizon may temporarily remove the
 D&E-provided splitter from the Customer’s Loop and switch port if Verizon
 determines in good faith that the cause of the voice interruption is
 D&E’s data service.

 


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 4.8.6.4

 	
 Upon notification
 from D&E that the malfunction in D&E’s advanced service has been
 cleared, Verizon will restore D&E’s advanced service by restoring the
 splitter on the Customer’s Loop.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 4.8.6.5

 	
 Upon completion of
 the above steps, D&E will be charged a Trouble Isolation Charge (TIC) to
 recover Verizon ’s costs of isolating and temporarily removing the
 malfunctioning Advanced Service from the Customer’s line if the cause of the
 voice interruption was D&E’s data service.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 4.8.6.6

 	
 Verizon shall not
 be liable for damages of any kind for temporary disruptions to D&E’s data
 service that are the result of the above steps taken in good faith to restore
 the end user’s voice-grade POTS service, and D&E shall indemnify Verizon
 from any claims that result from such steps.

 






	
  

 	
  

 	
  

 
	
 5.

 	
 Line
 Splitting

 
	
  

 	
  

 	
  

 
	
  

 	
 CLECs may provide
 integrated voice and data services over the same Loop by engaging in “line
 splitting” as set forth in paragraph 18 of the FCC’s Line Sharing
 Reconsideration Order (CC Docket Nos. 98-147, 96-98), released January 19,
 2001. Any line splitting between two
 CLECs shall be accomplished by prior negotiated arrangement between those
 CLECs. To achieve a line splitting
 capability, CLECs may utilize existing supporting OSS to order and combine in
 a line splitting configuration an unbundled xDSL capable Loop terminated to a
 collocated splitter and DSLAM equipment provided by a participating CLEC,
 unbundled switching combined with shared transport, collocator-to-collocator
 connections, and available cross-connects, under the terms and conditions set
 forth in their Interconnection Agreement(s).
 The participating CLECs shall provide any splitters used in a line
 splitting configuration. CLECs
 seeking to migrate existing UNE platform configurations to a line splitting
 configuration using the same unbundled elements utilized in the pre-existing
 platform arrangement may do so consistent with such implementation schedules,
 terms, conditions and guidelines as are agreed upon for such migrations in
 the ongoing DSL Collaborative in the State of New York, NY PSC Case
 00-C-0127, allowing for local jurisdictional and OSS differences.

 
	
  

 	
  

 
	
 6.

 	
 Sub-Loop

 
	
  

 	
  

 
	
  

 	
 6.1

 	
 Sub-Loop. Subject
 to the conditions set forth in Section 1of this Attachment and upon request,
 Verizon shall provide D&E with access to a Sub-Loop in accordance with,
 and subject to, the terms and provisions of this Section 6 and the rates set forth
 in the Pricing Attachment Verizon shall provide D&E with access to a
 Sub-Loop in accordance with, but only to the extent required by, Applicable
 Law. Where D&E seeks access to a
 two-wire or four-wire metallic distribution Sub-Loop in Verizon’s network
 between a Verizon feeder distribution interface (an “FDI”) and the rate
 demarcation point for such facility (or network interface device (“NID”) if
 the NID is located at such rate demarcation point), Verizon will provide
 access to such Sub-Loops in accordance with the following provisions (Section
 6.2 through 6.12). To the extent
 D&E requests access to a Sub-Loop other than as described in Section 6
 and Applicable Law requires Verizon to provide access to such Sub-Loop,
 Verizon will provide access to such Sub-Loop in accordance with an applicable
 Verizon Tariff or Section 14. 

 


95









	
  

 	
  

 	
  

 	
  

 
	
  

 	
 6.2

 	
 D&E may
 request that Verizon reactivate (if available) an unused drop and NID,
 install a new drop and NID if no drop and NID are available or provide
 D&E with access to a drop and NID that, at the time of D&E’s request,
 Verizon is using to provide service to the Customer. New drops will be
 installed in accordance with Verizon’s standard procedures. In some cases
 this may result in D&E being responsible for the cost of installing the
 drop.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 6.3

 	
 D&E may obtain
 access to a two-wire or four-wire metallic distribution Sub-Loop at an FDI
 from a CLEC outside plant interconnection cabinet (a “COPIC”) or, if D&E
 is collocated at a remote terminal equipment enclosure and the FDI for such
 Sub-Loop is located in such enclosure, from the collocation arrangement of
 D&E at such enclosure. To obtain
 access to such a Sub-Loop, D&E shall install a COPIC on an easement or
 Right of Way obtained by D&E within 100 feet of the Verizon FDI to which
 such Sub-Loop is connected, unless the Parties mutually agree in writing
 otherwise. A COPIC must comply with
 applicable industry standards.
 Subject to the terms of applicable Verizon easements, Verizon shall
 furnish and place an interconnecting cable between a Verizon FDI and a
 D&E COPIC and Verizon shall install a termination block supplied by
 D&E within such COPIC. Verizon
 shall retain title to and maintain the interconnecting cable. Verizon shall not be responsible for
 building, maintaining or servicing the COPIC and shall not provide any power
 that might be required by D&E for any electronics in the COPIC. D&E shall provide any easement, Right
 of Way or trenching or supporting structure required for any portion of an
 interconnecting cable that runs beyond a Verizon easement.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 6.4

 	
 D&E may
 request from Verizon by submitting a loop make-up engineering query to
 Verizon, and Verizon shall provide to D&E, the following information
 regarding a metallic distribution Sub-Loop that serves an identified
 Customer: the Sub-Loop’s length and
 gauge, whether the Sub-Loop has loading and bridged tap, the amount of
 bridged tap (if any) on the Sub-Loop and the location of the FDI to which the
 Sub-Loop is connected.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 6.5

 	
 To order access to
 a metallic distribution Sub-Loop, D&E must first request that Verizon
 connect the Verizon FDI to which the Sub-Loop is connected to a D&E
 COPIC. To make such a request,
 D&E must submit to Verizon an application (a “Sub-Loop Interconnection
 Application”) that identifies the FDI at which D&E wishes to access the
 Sub-Loop. A Sub-Loop Interconnection
 Application shall state the location of the COPIC, the size of the
 interconnecting cable and a description of the cable’s supporting
 structure. A Sub-Loop Interconnection
 Application shall also include a five-year forecast of D&E’s demand for
 access to Sub-Loops at the requested FDI.
 D&E must submit the application fee set forth in the Pricing
 Attachment (a “Sub-Loop Application Fee”) with a Sub-Loop Interconnection
 Application. D&E must submit
 Sub-Loop Interconnection Applications to:

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 USLA Project Manager

 
	
  

 	
  

 	
  

 	
 Verizon

 
	
  

 	
  

 	
  

 	
 Room 509

 
	
  

 	
  

 	
  

 	
 125 High Street

 
	
  

 	
  

 	
  

 	
 Boston, MA 02110

 
	
  

 	
  

 	
  

 	
 E-Mail:
 Collocation.applications@BellAtlantic.com

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 6.6

 	
 Within sixty (60)
 days after it receives a complete Sub-Loop Interconnection Application for
 access to a metallic distribution Sub-Loop and the Sub-Loop Application Fee
 for such application, Verizon shall provide to D&E a work order 

 


96









	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 that describes the
 work that Verizon must perform to provide such access (a “Sub-Loop Work
 Order”) and a statements of the cost of such work (a “Sub-Loop
 Interconnection Cost Statement”). 

 
	
  

 	
  

 	
  

 
	
  

 	
 6.7

 	
 D&E shall pay
 to Verizon fifty percent (50%) of the cost set forth in a Sub-Loop Interconnection
 Cost Statement within sixty (60) days of D&E’s receipt of such statement
 and the associated Sub-Loop Work Order, and Verizon shall not be obligated to
 perform any of the work set forth in such order until Verizon has received
 such payment. A Sub-Loop
 Interconnection Application shall be deemed to have been withdrawn if D&E
 breaches its payment obligation under this Section 6.7. Upon Verizon ’s completion of the work
 that Verizon must perform to provide D&E with access to a metallic
 distribution Sub-Loop, Verizon shall bill D&E, and D&E shall pay to
 Verizon, the balance of the cost set forth in the Sub-Loop Interconnection
 Cost Statement for such access.

 
	
  

 	
  

 	
  

 
	
  

 	
 6.8

 	
 After Verizon has
 completed the installation of the interconnecting cable to a D&E COPIC
 and D&E has paid the full cost of such installation, D&E can request
 the cross connection of Verizon metallic distribution Sub-Loops to the
 D&E COPIC. At the same time,
 D&E shall advise Verizon of the services that D&E plans to provide
 over the Sub-Loop, request any conditioning of the metallic distribution
 Sub-Loop and assign the pairs in the interconnecting cable. D&E shall run any crosswires within
 the COPIC.

 
	
  

 	
  

 	
  

 
	
  

 	
 6.9

 	
 If D&E
 requests that Verizon reactivate an unused drop and NID, then D&E shall
 provide dial tone (or its DSL equivalent) on the D&E side of the
 applicable Verizon FDI at least twenty-four (24) hours before the due
 date. On the due date, a Verizon
 technician will run the appropriate cross connection to connect the Verizon
 Sub-Loop to the D&E dial tone or equivalent from the COPIC. If D&E requests that Verizon install a
 new drop and NID, then D&E shall provide dial tone (or its DSL
 equivalent) on the D&E side of the applicable Verizon FDI at least
 twenty-four (24) hours before the due date.
 On the due date, a Verizon technician shall run the appropriate cross
 connection of the facilities being reused at the Verizon FDI and shall
 install a new drop and NID. 

 
	
  

 	
  

 	
  

 
	
  

 	
 6.10

 	
 Verizon will not
 provide access to a metallic distribution Sub-Loop if Verizon is using such
 loop of which the Sub-Loop is a part to provide Line Sharing service to
 another CLEC or a service that uses derived channel technology to a Customer
 unless such other CLEC first terminates the Verizon-provided Line Sharing or
 such Customer first disconnects the service that utilizes derived channel
 technology.

 
	
  

 	
  

 	
  

 
	
  

 	
 6.11

 	
 Verizon shall
 provide D&E with access to a metallic distribution Sub-Loop in accordance
 with negotiated intervals 

 
	
  

 	
  

 	
  

 
	
  

 	
 6.12

 	
 Verizon shall
 repair and maintain a metallic distribution Sub-Loop at the request of
 D&E and, for D&E requests beyond routine repair and maintenance,
 subject to the time and material rates set forth in the Pricing Attachment.
 D&E accepts responsibility for initial trouble isolation for metallic
 distribution Sub-Loops and providing Verizon with appropriate dispatch
 information based on its test results.
 If (a) D&E reports to Verizon a Customer trouble, (b) D&E requests a dispatch, (c)
 Verizon dispatches a technician, and (d) such trouble was not caused by
 Verizon metallic distribution Sub-Loop facilities or equipment in whole or in
 part, then D&E shall pay Verizon the charge set forth in the Pricing
 Attachment for time associated with said dispatch. In addition, this charge also applies when the Customer contact
 as designated by D&E is not available at the appointed time. If as the result of D&E instructions,
 Verizon is erroneously requested to dispatch to 

 


97









	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 a site on Verizon
 company premises (“dispatch in”), a charge set forth in the Pricing
 Attachment will be assessed per occurrence to D&E by Verizon. If as the result of D&E instructions,
 Verizon is erroneously requested to dispatch to a site outside of Verizon
 company premises (“dispatch out”), a charge set forth in the Pricing
 Attachment will be assessed per occurrence to D&E by Verizon.

 
	
  

 	
  

 	
  

 
	
  

 	
 6.13

 	
 Collocation in
 Remote Terminals.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 To the extent
 required by Applicable Law, Verizon shall allow D&E to collocate
 equipment in a Verizon remote terminal equipment enclosure in accordance
 with, and subject to, the rates, terms and conditions set forth in the
 Collocation Attachment.

 
	
  

 	
  

 	
  

 
	
 7.

 	
 Inside
 Wire

 
	
  

 	
  

 
	
  

 	
 7.1

 	
 House and Riser.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Subject to the
 conditions set forth in Section 1 of this Attachment and upon request,
 Verizon shall provide to D&E access to a House and Riser Cable (as such
 term is hereinafter defined) in accordance with, and subject to, the terms
 and provisions of this Section 7 and the rates set forth in the Pricing
 Attachment. A “House and Riser Cable”
 means a two-wire or four-wire metallic distribution facility in Verizon’s
 network between the minimum point of entry for a building where a premises of
 a Customer is located (such a point, an “MPOE”) and the rate demarcation
 point for such facility (or network interface device (“NID”) if the NID is
 located at such rate demarcation point).
 Verizon will provide access to a House and Riser Cable only if Verizon
 owns, operates, maintains and controls such facility and only where such
 facility is available. Verizon shall
 not reserve a House and Riser Cable for D&E. D&E may access a House and Riser Cable only at the MPOE for
 such cable. Verizon shall provide
 D&E with access to House and Riser Cables in accordance with, but only to
 the extent required by, Applicable Law.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 D&E must
 satisfy the following conditions before ordering access to a House and Riser
 Cable from Verizon:

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 7.1.1

 	
 D&E shall
 locate its compatible terminal block within cross connect distance of the
 MPOE for such cable. A terminal block
 is within cross connect distance of an MPOE if it is located in the same room
 (not including a hallway) or within twelve (12) feet of such MPOE.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 7.1.2

 	
 If suitable space
 is available, D&E shall install its terminal block no closer than within
 fourteen (14) inches of the MPOE for such cable, unless otherwise agreed by
 the Parties.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 7.1.3

 	
 D&E’s terminal
 block or equipment cannot be attached, otherwise affixed or adjacent to
 Verizon’s facilities or equipment, cannot pass through or otherwise penetrate
 Verizon’s facilities or equipment and cannot be installed so that D&E’s
 terminal block or equipment is located in a space where Verizon plans to
 locate its facilities or equipment. 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 7.1.4

 	
 D&E shall
 identify its terminal block and equipment as a D&E facility.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 7.2

 	
 To provide D&E
 with access to a House and Riser Cable, Verizon shall not be obligated to (a)
 move any Verizon equipment, (b) secure any Right of Way for 

 


98









	
  

 	
  

 	
  

 
	
  

 	
  

 	
 D&E, (c)
 secure space for D&E in any building, (d) secure access to any portion of
 a building for D&E or (e) reserve space in any building for D&E.

 
	
  

 	
  

 	
  

 
	
  

 	
 7.3

 	
 D&E must
 ensure that its terminal block has been tested for proper installation,
 numbering and operation before ordering from Verizon access to a House and
 Riser Cable. Verizon shall perform
 cutover of a Customer to D&E service by means of a House and Riser Cable
 subject to a negotiated interval.
 Verizon shall install a jumper cable to connect the appropriate
 Verizon House and Riser Cable pair to D&E’s termination block, and
 Verizon shall determine how to perform such installation. D&E shall coordinate with Verizon to
 ensure that House and Riser Cable facilities are converted to D&E in
 accordance with D&E’s order for such services.

 
	
  

 	
  

 	
  

 
	
  

 	
 7.4

 	
 If a D&E
 compatible connecting block or spare termination on D&E’s connecting
 block is not available at the time of installation, Verizon shall bill
 D&E, and D&E shall pay to Verizon, the Not Ready Charge set forth in
 the Pricing Attachment and the Parties shall establish a new cutover
 date. Verizon may install a new House
 and Riser Cable subject to the time and material charges set forth in the
 Pricing Attachment.

 
	
  

 	
  

 	
  

 
	
  

 	
 7.5

 	
 Verizon shall
 perform all installation work on Verizon equipment. All D&E equipment connected to a House and Riser Cable
 shall comply with applicable industry standards.

 
	
  

 	
  

 	
  

 
	
  

 	
 7.6

 	
 Verizon shall
 repair and maintain a House and Riser Cable at the request of D&E and
 subject to the time and material rates set forth in the Pricing
 Attachment. D&E shall be solely
 responsible for investigating and determining the source of all troubles and
 for providing Verizon with appropriate dispatch information based on its test
 results. Verizon shall repair a
 trouble only when the cause of the trouble is a Verizon House and Riser
 Cable. If (a) D&E reports to
 Verizon a Customer trouble, (b) D&E requests a dispatch, (c) Verizon
 dispatches a technician, and (d) such trouble was not caused by a Verizon
 House and Riser Cable in whole or in part, then D&E shall pay Verizon the
 charge set forth in the Pricing Attachment for time associated with said
 dispatch. In addition, this charge
 also applies when the Customer contact as designated by D&E is not
 available at the appointed time. If
 as the result of D&E instructions, Verizon is erroneously requested to
 dispatch to a site on Verizon company premises (“dispatch in”), a charge set
 forth in the Pricing Attachment will be assessed per occurrence to D&E by
 Verizon. If as the result of D&E
 instructions, Verizon is erroneously requested to dispatch to a site outside
 of Verizon company premises (“dispatch out”), a charge set forth in the
 Pricing Attachment will be assessed per occurrence to D&E by Verizon.

 
	
  

 	
  

 	
  

 
	
 8.

 	
 Dark
 Fiber

 
	
  

 	
  

 
	
  

 	
 8.1

 	
 Access to
 unbundled Dark Fiber will be provided by Verizon, where existing facilities
 are available at the requested availability date, in the loop, subloop and
 interoffice facilities (IOF) portions of the Company’s network. Access to Dark Fiber will be provided in
 accordance with, but only to the extent required by, Applicable Law. Except as otherwise required by Applicable
 Law, the following terms and conditions apply to Verizon’s Dark Fiber
 offering.

 
	
  

 	
  

 	
  

 
	
  

 	
 8.2

 	
 A “Dark Fiber
 Loop” consists of continuous fiber optic strand(s) in a Verizon fiber optic
 cable between the fiber distribution frame, or its functional equivalent, 

 


99









	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 located within a
 Verizon Wire Center, and Verizon’s main termination point, such as the fiber
 patch panel located within a Customer premise, and that has not been activated
 through connection to the electronics that “light” it, and thereby render it
 capable of carrying Telecommunications Services. In addition to the other terms and conditions of this
 Agreement, the following terms and conditions also shall apply to Dark Fiber
 Loops:

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.2.1

 	
 Verizon shall be
 required to provide a Dark Fiber Loop only where (1) one end of the Dark
 Fiber Loop terminates at D&E’s collocation arrangement and (2) the other
 end terminates at the Customer premise.
 A CLEC demarcation point shall be established either in the main telco
 room of a building where a Customer is located or, if the building does not
 have a main telco room, then at a location to be determined by Verizon. Verizon shall connect a Dark Fiber Loop to
 the demarcation point by installing a fiber jumper.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.2.2

 	
 D&E may access
 a Dark Fiber Loop only at a pre-existing hard termination point of such Dark
 Fiber Loop, and D&E may not access a Dark Fiber Loop at any other point,
 including, but not limited to, a splice point. Verizon will not introduce additional splice points or open
 existing splice points to accommodate a CLEC’s request. Unused fibers located in a cable vault or
 a controlled environment vault, manhole or other location outside the Verizon
 Wire Center, and not terminated to a fiber patch, are not available to
 D&E.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.2.3

 	
 A strand shall not
 be deemed to be continuous if splicing is required to provide fiber
 continuity between two locations. Dark Fiber will only be offered on a
 route-direct basis where facilities exist (i.e., no intermediate offices).

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.2.4

 	
 Verizon shall
 perform all work necessary to install a cross connection or a fiber jumper,
 including, but not limited to, the work necessary to connect a dark fiber to
 a demarcation point, a fiber distribution frame or a POT bay.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.2.5

 	
 At the Customer
 premise, unused fibers are not available to D&E pursuant to this
 Attachment unless such fibers terminate on a fiber patch panel. Unused fibers in a fiber splice point
 located outside the Customer premise are not available to D&E.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.2.6

 	
 Dark Fiber will be
 offered to D&E in the condition
 that it is available in Verizon’s
 network at the time that D&E submits its request (i.e., “as is”). In addition, Verizon shall not be required
 to convert lit fiber to Dark Fiber for D&E’s use.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.2.7

 	
 Spare wavelengths
 on fiber strands, where Wave Division Multiplexing (WDM) or Dense Wave
 Division Multiplexing (DWDM) equipment is deployed, are not considered to be
 spare Dark Fiber Loops and, therefore, will not be offered to D&E as Dark
 Fiber.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.2.8

 	
 D&E shall be
 responsible for providing all transmission, terminating and regeneration
 equipment necessary to light and use Dark Fiber.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.2.9

 	
 D&E may not
 resell Dark Fiber purchased pursuant to this Attachment to third parties.

 


100









	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.2.10

 	
 In order for
 Verizon to continue to satisfy its carrier of last resort (COLR) obligations
 under Applicable Law and/or to preserve the efficiency of its network,
 Verizon will limit D&E to leasing a maximum of twenty-five percent (25%)
 of the Dark Fiber in any given segment of Verizon’s network during any
 two-year period. In addition, except
 as otherwise required by Applicable Law, Verizon may take any of the
 following actions, notwithstanding anything to the contrary in this
 Agreement:

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 8.2.10.1

 	
 Revoke Dark Fiber
 leased to D&E upon a showing of need to the Commission and twelve (12)
 months’ advance written notice to D&E; and

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 8.2.10.2

 	
 Revoke Dark Fiber
 leased to D&E upon a showing to the Commission that D&E underutilized
 fiber) within any twelve (12) month period.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 8.2.10.3

 	
 Verizon may
 reserve Dark Fiber for maintenance purposes, or to satisfy Customer orders
 for fiber related services or for future growth. Verizon reserves and shall
 not waive, Verizon’s right to claim before the Commission that Verizon should
 not have to fulfill a D&E order for Dark Fiber because that request would
 strand an unreasonable amount of fiber capacity, disrupt or degrade service
 to Customers or carriers other than D&E, or impair a Verizon obligation
 to serve as a carrier of last resort.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.2.11

 	
 D&E may not
 reserve Dark Fiber.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.2.12

 	
 D&E shall be
 solely responsible for: (a) determining whether or not the transmission
 characteristics of the Dark Fiber accommodate the requirements of D&E;
 (b) obtaining any Rights of Way, governmental or private property permit,
 easement or other authorization or approval required for access to the Dark
 Fiber; (c) installation of fiber optic transmission equipment needed to power
 the Dark Fiber to transmit
 Telecommunications Services traffic; (d) installation of a demarcation point
 in a building where a Customer is located; and (e) augmenting D&E’s collocation
 arrangements with any proper optical cross connects or other equipment that
 D&E needs to access Dark
 Fiber before it submits an order for
 such access.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 8.3

 	
 Dark Fiber
 Interoffice Facilities (IOF).

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 The Dark Fiber IOF
 UNE is defined as continuous fiber strand(s) that are located within a fiber
 optic cable sheath between either (a) two Verizon central offices or (b) a
 Verizon central office and a D&E central office but, in either case,
 without attached multiplexing, aggregation or other electronics. Dark Fiber
 IOF is available between the CLEC’s collocation arrangements within two
 Verizon Central Offices, or between the CLEC’s collocation arrangement in a
 Verizon Central Office and a CLEC CO/POP.
 To the extent applicable, the same terms and conditions regarding Dark
 Fiber Loop UNEs shall govern the Dark Fiber IOF UNE.

 
	
  

 	
  

 	
  

 
	
  

 	
 8.4

 	
 A Dark Fiber
 Inquiry Form must be submitted prior to submitting an ASR. Upon receipt of
 the CLEC’s completed Inquiry Form, Verizon will initiate a review of its
 cable records to determine whether dark fiber may be available between the
 locations and in the quantities specified, Verizon will respond within
 fifteen (15) 

 


101









	
  

 	
  

 	
  

 
	
  

 	
  

 	
 business days from
 receipt of the CLEC’s request, indicating whether Unbundled Dark Fiber may be
 available based on the records search except that for voluminous requests or
 large, complex projects, Verizon reserves the right to negotiate a different
 interval.

 
	
  

 	
  

 
	
  

 	
 8.5

 	
 D&E shall
 order Dark Fiber IOF and Dark Fiber Loop UNEs by sending to Verizon a
 separate ASR for each A to Z route.

 
	
  

 	
  

 	
  

 
	
  

 	
 8.6

 	
 Direct access to
 dark fiber loops, subloops, or IOF that terminates in a Verizon premise, must
 be accomplished via a collocation arrangement in that premise. In
 circumstances where collocation cannot be accomplished in the premises, the
 Parties agree to negotiate for possible alternative arrangements.

 
	
  

 	
  

 	
  

 
	
 9.

 	
 Network
 Interface Device

 
	
  

 	
  

 
	
  

 	
 9.1

 	
 Subject to the
 conditions set forth in Section 1 and at D&E’s request, Verizon shall
 permit D&E to connect a D&E Loop to the Inside Wiring of a Customer
 through the use of a Verizon NID in the manner set forth in this Section
 9. Verizon shall provide D&E with
 access to NIDs in accordance with, but only to the extent required by,
 Applicable Law. D&E may access a
 Verizon NID either by means of a Cross Connection (but only if the use of
 such Cross Connection is technically feasible) from an adjoining D&E NID
 deployed by D&E or, if an entrance module is available in the Verizon
 NID, by connecting a D&E Loop to the Verizon NID. In all cases, Verizon shall
 perform this Cross Connection. When
 necessary, Verizon will rearrange its facilities to provide access to an
 existing Customer’s Inside Wire. An
 entrance module is available only if facilities are not connected to it.

 
	
  

 	
  

 	
  

 
	
  

 	
 9.2

 	
 In no case shall
 D&E access, remove, disconnect or in any other way rearrange, Verizon’s
 Loop facilities from Verizon’s NIDs, enclosures, or protectors.

 
	
  

 	
  

 	
  

 
	
  

 	
 9.3

 	
 In no case shall
 D&E access, remove, disconnect or in any other way rearrange, a
 Customer’s Inside Wire from Verizon’s NIDs, enclosures, or protectors where
 such Customer Inside Wire is used in the provision of ongoing
 Telecommunications Service to that Customer.

 
	
  

 	
  

 	
  

 
	
  

 	
 9.4

 	
 In no case shall
 D&E remove or disconnect ground wires from Verizon’s NIDs, enclosures, or
 protectors.

 
	
  

 	
  

 	
  

 
	
  

 	
 9.5

 	
 In no case shall
 D&E remove or disconnect NID modules, protectors, or terminals from
 Verizon’s NID enclosures.

 
	
  

 	
  

 	
  

 
	
  

 	
 9.6

 	
 Maintenance and
 control of premises Inside Wiring is the responsibility of the Customer. Any conflicts between service providers for
 access to the Customer’s Inside Wire must be resolved by the person who
 controls use of the wire (e.g., the Customer).

 
	
  

 	
  

 	
  

 
	
  

 	
 When D&E is
 connecting a D&E-provided Loop to the Inside Wiring of a Customer’s
 premises through the Customer’s side of the Verizon NID, D&E does not
 need to submit a request to Verizon and Verizon shall not charge D&E for
 access to the Verizon NID. In such
 instances, D&E shall comply with the provisions of Sections 9.2 through 9.7
 of this Agreement and shall access the Customer’s Inside Wire in the manner
 set forth in Section 7 of this Agreement. 

 


102









	
  

 	
  

 	
  

 	
  

 
	
  

 	
 9.7

 	
 Due to the wide
 variety of NIDs utilized by Verizon (based on Customer size and environmental
 considerations), D&E may access the Customer’s Inside Wire, acting as the
 agent of the Customer by any of the following means:

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 9.7.1

 	
 Where an adequate
 length of Inside Wire is not present or environmental conditions do not
 permit, D&E may enter the Customer side of the Verizon NID enclosure for
 the purpose of removing the Inside Wire from the terminals of Verizon’s NID
 and connecting a connectorized or spliced jumper wire from a suitable “punch
 out” hole of such NID enclosure to the Inside Wire within the space of the
 Customer side of the Verizon NID.
 Such connection shall be electrically insulated and shall not make any
 contact with the connection points or terminals within the Customer side of
 the Verizon NID.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 9.7.2

 	
 D&E may
 request Verizon to make other rearrangements to the Inside Wire terminations
 or terminal enclosure on a time and materials cost basis to be charged to the
 requesting party (i.e. D&E, its agent, the building owner or the
 Customer). If D&E accesses the
 Customer’s Inside Wire as described in this Section 9.7.2, time and materials
 charges will be billed to the requesting party (i.e. D&E, its agent, the
 building owner or the Customer).

 
	
  

 	
  

 	
  

 	
  

 
	
 10.

 	
 Unbundled
 Switching Elements

 
	
  

 	
  

 	
  

 
	
  

 	
 Subject to the
 conditions set forth in Section 1, Verizon shall make available to D&E
 the Local Switching Element and Tandem Switching Element unbundled from
 transport, local Loop transmission, or other services, in accordance with
 this Agreement. Verizon shall provide
 D&E with access to the Local Switching Element and the Tandem Switching
 Element in accordance with, but only to the extent required by, Applicable
 Law.

 
	
  

 	
  

 
	
  

 	
 10.1

 	
 Local Switching.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 10.1.1

 	
 The unbundled
 Local Switching Element includes line side and trunk side facilities (e.g.
 line and trunk side Ports such as analog and ISDN line side Ports and DS1
 trunk side Ports). plus the features, functions, and capabilities of the
 switch. It consists of the line-side
 Port (including connection between a Loop termination and a switch line card,
 telephone number assignment, basic intercept, one primary directory listing,
 presubscription, and access to 911, operator services, and directory
 assistance), line and line group features (including all vertical features
 and line blocking options that the switch and its associated deployed switch
 software is capable of providing and are currently offered to Verizon’s local
 exchange Customers), usage (including the connection of lines to lines, lines
 to trunks, trunks to lines, and trunks to trunks), and trunk features
 (including the connection between the trunk termination and a trunk card).

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 10.1.2

 	
 Verizon shall
 offer, as an optional chargeable feature, usage tapes.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 10.1.3

 	
 D&E may request activation or deactivation of
 features on a per-port basis at any time, and shall compensate Verizon for
 the non-recurring charges associated with processing the order. D&E may submit a Bona Fide Request in
 accordance with Section 14.3 for other switch features and functions that the
 switch is capable of providing, but which Verizon does not currently provide,
 or for customized routing of traffic other than operator services and/or
 directory assistance traffic. Verizon shall 

 


103









	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 develop and
 provide these requested services where technically feasible with the
 agreement of D&E to pay the recurring and non-recurring costs of
 developing, installing, updating, providing and maintaining these services.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 10.2

 	
 Network Design
 Request (NDR).

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Prior to
 submitting any order for unbundled Local Switching (as an UNE or in
 combination with other UNEs), D&E shall complete the NDR process. As part of the NDR process, D&E shall
 request standardized or customized routing of its Customer traffic in
 conjunction with the provision of unbundled Local Switching.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 If D&E selects
 customized routing, D&E shall define the routing plan and Verizon shall
 implement such plan, subject to technical feasibility constraints. Time and Material Charges may apply.

 
	
  

 	
  

 	
  

 
	
  

 	
 10.3

 	
 Tandem Switching.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 The unbundled
 Tandem Switching Element includes trunk-connect facilities, the basic switching
 function of connecting trunks to trunks, and the functions that are
 centralized in Tandem Switches.
 Unbundled Tandem switching creates a temporary transmission path
 between interoffice trunks that are interconnected at a Verizon access Tandem
 for the purpose of routing a call or calls.

 
	
  

 	
  

 	
  

 
	
 11.

 	
 Unbundled
 Interoffice Facilities

 
	
  

 	
  

 
	
  

 	
 Subject to the
 conditions of Section 1, where facilities are available, at D&E’s
 request, Verizon shall provide D&E with interoffice transmission
 facilities (“IOF”) unbundled from other Network Elements in accordance with,
 but only to the extent required by Applicable Law, at the rates set forth in
 the Pricing Attachment; provided, however, that Verizon shall offer unbundled
 shared IOF only to the extent that D&E also purchases unbundled Local
 Switching capability from Verizon in accordance with Section 10 of this
 Attachment.

 
	
  

 	
  

 
	
 12.

 	
 Signaling
 Networks and Call-Related Databases

 
	
  

 	
  

 
	
  

 	
 12.1

 	
 In accordance
 with, but only to the extent required by, Applicable Law, Verizon shall provide
 D&E with access to databases and associated signaling necessary for call
 routing and completion by providing SS7 Common Channel Signaling (“CCS”)
 Interconnection, and Interconnection and access to toll free service access
 code (e.g., 800/888/877) databases, LIDB, and any other necessary databases.

 
	
  

 	
  

 	
  

 
	
  

 	
 12.2

 	
 D&E shall
 provide Verizon with CCS Interconnection required for call routing and
 completion, and the billing of calls which involve D&E’s Customers, at
 non-discriminatory rates, terms and conditions as provided in the Pricing
 Attachment, provided further that if the D&E information Verizon requires
 to provide such call-related functionality is resident in a database, D&E
 will provide Verizon with the access and authorization to query D&E’s
 information in the databases within which it is stored. 

 
	
  

 	
  

 	
  

 
	
  

 	
 12.3

 	
 Alternatively,
 either Party (“Purchasing Party”) may secure CCS Interconnection from a
 commercial SS7 hub provider (third party signaling provider) to transport
 messages to and from the Verizon CCS network, 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 

 


104









	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Party’s CCS
 network. If a third party signaling
 provider is selected by D&E to transport signaling messages, that third
 party provider must present a letter of agency to Verizon, prior to the
 testing of the interconnection, authorizing the third party to act on behalf
 of D&E. 

 
	
  

 	
  

 	
  

 
	
  

 	
 12.4

 	
 Regardless of the
 manner in which D&E obtains CCS Interconnection, D&E shall comply
 with Verizon’s SS7 certification process prior to establishing CCS
 Interconnection with Verizon.

 
	
  

 	
  

 	
  

 
	
  

 	
 12.5

 	
 The Parties will
 provide CCS Signaling to each other, where and as available, in conjunction
 with all Reciprocal Compensation 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 as
 required under applicable law. 

 
	
  

 	
  

 	
  

 
	
  

 	
 12.6

 	
 The Parties will
 follow all Ordering and Billing Forum-adopted standards pertaining to CIC/OZZ
 codes. 

 
	
  

 	
  

 	
  

 
	
  

 	
 12.7

 	
 Where CCS
 Signaling is not available, in-band multi-frequency (“MF”) wink start
 signaling will be provided. Any such
 MF arrangement will require a separate local trunk circuit between the
 Parties’ respective switches in those instances where the Parties have
 established End Office to End Office high usage trunk groups. In such an arrangement, each Party will
 out pulse the full ten-digit telephone number of the called party to the other
 Party.

 
	
  

 	
  

 	
  

 
	
  

 	
 12.8

 	
 The Parties
 acknowledge that there is a network security risk associated with
 interconnection with the public Internet Protocol network, including, but not
 limited to, the risk that interconnection of D&E signaling systems to the
 public Internet Protocol network may expose D&E and Verizon signaling
 systems and information to interference by third parties. D&E shall notify Verizon in writing
 sixty (60) days in advance of installation of any network arrangement that
 may expose signaling systems or information to access through the public
 Internet Protocol network. D&E
 shall take commercially reasonable efforts to protect its signaling systems
 and Verizon’s signaling systems from interference by unauthorized persons.

 
	
  

 	
  

 	
  

 
	
  

 	
 12.9

 	
 Each Party shall
 provide trunk groups, where available and upon reasonable request, that are
 configured utilizing the B8ZS ESF protocol for 64 kbps clear channel
 transmission to allow for ISDN interoperability between the Parties’
 respective networks.

 
	
  

 	
  

 	
  

 
	
  

 	
 12.10

 	
 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 meeting their respective Interconnection responsibilities
 related to Signaling:

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 12.10.1

 	
 Telcordia Generic
 Requirements, GR-905-CORE, Issue 1, March, 1995, and subsequent issues and
 amendments; and

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 12.10.2

 	
 Where applicable,
 Verizon Supplement Common Channel Signaling 

 


105









	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 Network Interface
 Specification (Verizon-905).

 
	
  

 	
  

 	
  

 
	
  

 	
 12.11

 	
 Each Party shall
 charge the other Party mutual and reciprocal rates for any usage-based
 charges for CCS Signaling, toll free service access code (e.g., 800/888/877)
 database access, LIDB access, and access to other necessary databases, as
 follows: Verizon shall charge D&E
 in accordance with the Pricing Attachment and the terms and conditions in
 applicable Tariffs. D&E shall charge Verizon rates equal to the rates
 Verizon charges D&E, unless D&E’s Tariffs for CCS signaling provide
 for lower generally available rates, in which case D&E shall charge
 Verizon such lower rates. Notwithstanding the foregoing, to the extent a
 Party uses a third party vendor for the provision of CCS Signaling, such
 charges shall apply only to the third party vendor.

 
	
  

 	
  

 	
  

 
	
 13.

 	
 Operations
 Support Systems

 
	
  

 	
  

 
	
  

 	
 Subject to the
 conditions set forth in the Additional Services Attachment, Verizon shall
 provide D&E with access via electronic inter faces to databases required
 for pre-ordering, ordering, provisioning, maintenance and repair, and
 billing. All such transactions shall
 be submitted by D&E through such electronic interfaces.

 
	
  

 	
  

 
	
 14.

 	
 Availability
 of Other UNEs on an Unbundled Basis

 
	
  

 	
  

 
	
  

 	
 14.1

 	
 Any request by
 D&E for access to a Verizon Network Element that is not already available
 and that Verizon is required by Applicable Law to provide on an unbundled
 basis shall be treated as a Network Element Bona Fide Request pursuant to
 Section 14.4, below. D&E shall
 provide Verizon access to its Network Elements as mutually agreed by the
 Parties or as required by Applicable Law.

 
	
  

 	
  

 	
  

 
	
  

 	
 14.2

 	
 Notwithstanding
 anything to the contrary in this Section 14, a Party shall not be required to
 provide a proprietary Network Element to the other Party under this Section
 14 except as required by Applicable Law.

 
	
  

 	
  

 	
  

 
	
  

 	
 14.3

 	
 Network Element
 Bona Fide Request (BFR).

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 14.3.1

 	
 Each Party shall
 promptly consider and analyze access to a new unbundled Network Element in
 response to the submission of a Network Element Bona Fide Request by the
 other Party hereunder. The Network
 Element Bona Fide Request process set forth herein does not apply to those
 services requested pursuant to Report & Order and Notice of Proposed
 Rulemaking 91-141 (rel. Oct. 19, 1992) ¶ 259 and n.603 or subsequent orders.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 14.3.2

 	
 A Network Element
 Bona Fide Request shall be submitted in writing and shall include a technical
 description of each requested Network Element.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 14.3.3

 	
 The requesting
 Party may cancel a Network Element Bona Fide Request at any time, but shall
 pay the other Party’s reasonable and demonstrable costs of processing and/or
 implementing the Network Element Bona Fide Request up to the date of
 cancellation.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 14.3.4

 	
 Within ten (10)
 business days of its receipt, the receiving Party shall acknowledge receipt
 of the Network Element Bona Fide Request.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 14.3.5

 	
 Except under
 extraordinary circumstances, within thirty (30) days of its 

 


106









	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 receipt of a
 Network Element Bona Fide Request, the receiving Party shall provide to the
 requesting Party a preliminary analysis of such Network Element Bona Fide
 Request. The preliminary analysis
 shall confirm that the receiving Party will offer access to the Network
 Element or will provide a detailed explanation that access to the Network
 Element is not technically feasible and/or that the request does not qualify
 as a Network Element that is required to be provided by Applicable Law.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 14.3.6

 	
 If the receiving
 Party determines that the Network Element Bona Fide Request is technically
 feasible and access to the Network Element is required to be provided by
 Applicable Law, it shall promptly proceed with developing the Network Element
 Bona Fide Request upon receipt of written authorization from the requesting
 Party. When it receives such authorization,
 the receiving Party shall promptly develop the requested services, determine
 their availability, calculate the applicable prices and establish
 installation intervals. Unless the Parties otherwise agree, the Network
 Element requested must be priced in accordance with Section 252(d)(1) of the
 Act.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 14.3.7

 	
 As soon as
 feasible, but not more than ninety (90) days after its receipt of
 authorization to proceed with developing the Network Element Bona Fide
 Request, the receiving Party shall provide to the requesting Party a Network
 Element Bona Fide Request quote which will include, at a minimum, a
 description of each Network Element, the availability, the applicable rates,
 and the installation intervals.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 14.3.8

 	
 Within thirty (30)
 days of its receipt of the Network Element Bona Fide Request quote, the
 requesting Party must either confirm its order for the Network Element Bona
 Fide Request pursuant to the Network Element Bona Fide Request quote or seek
 arbitration by the Commission pursuant to Section 252 of the Act.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 14.3.9

 	
 If a Party to a
 Network Element Bona Fide Request believes that the other Party is not
 requesting, negotiating or processing the Network Element Bona Fide Request
 in good faith, or disputes a determination, or price or cost quote, or is
 failing to act in accordance with Section 251 of the Act, such Party may seek
 mediation or arbitration by the Commission pursuant to Section 252 of the
 Act.

 
	
  

 	
  

 	
  

 	
  

 
	
 15.

 	
 Maintenance
 of UNEs

 
	
  

 	
  

 
	
  

 	
 If (a) D&E
 reports to Verizon a Customer trouble, (b) D&E 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 D&E shall pay
 Verizon a charge set forth in the Pricing Attachment for time associated with
 said dispatch. In addition, this charge
 also applies when the Customer contact as designated by D&E is not
 available at the appointed time.
 D&E accepts responsibility for initial trouble isolation and
 providing Verizon with appropriate dispatch information based on its test
 results. If, as the result of D&E
 instructions, Verizon is erroneously requested to dispatch to a site on
 Verizon company premises (“dispatch in”), a charge set forth in the Pricing
 Attachment will be assessed per occurrence to D&E by Verizon. If as the result of D&E instructions,
 Verizon is erroneously requested to dispatch to a site outside of Verizon
 company premises (“dispatch out”), a charge set forth in the Pricing
 Attachment will be assessed per occurrence to D&E by Verizon. Verizon agrees to respond to D&E 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
 initiated Telecommunications Carrier.

 


107









	
  

 	
  

 
	
 16.

 	
 Rates
 and Charges

 
	
  

 	
  

 
	
  

 	
 The rates and
 charges for the foregoing UNEs and other services shall be as set forth in
 this Attachment and the Pricing Attachment.

 
	
  

 	
  

 
	
 17.

 	
 Combinations

 
	
  

 	
  

 
	
  

 	
 Subject to the
 conditions set forth in Section 1, Verizon shall be obligated to provide a
 combination of Network Elements (a “Combination”) only to the extent
 provision of such Combination is required by Applicable Law. To the extent Verizon is required by
 Applicable Law to provide a Combination to D&E, Verizon shall provide
 such Combination in accordance with, and subject to, requirements established
 by Verizon that are consistent with Applicable Law (such requirements, the
 “Combo Requirements”). Verizon shall
 make the Combo Requirements publicly available in an electronic form.

 


108






COLLOCATION ATTACHMENT


	
  

 	
  

 
	
 1.

 	
 Verizon’s
 Provision of Collocation 

 
	
  

 	
  

 
	
  

 	
 Verizon shall
 provide to D&E, in accordance with this Agreement (including, but not
 limited to, Verizon’s applicable Tariffs) and the requirements of Applicable
 Law, Collocation for the purpose of facilitating D&E’s interconnection
 with facilities or services of Verizon or access to Unbundled Network
 Elements of Verizon; provided, that notwithstanding any other provision of
 this Agreement, Verizon shall be obligated to provide Collocation to D&E
 only to the extent required by Applicable Law and may decline to provide
 Collocation to D&E to the extent that provision of Collocation is not
 required by Applicable Law. Subject to the foregoing, Verizon shall provide
 Collocation to D&E in accordance with the rates, terms and conditions set
 forth in Verizon’s Collocation tariff, and Verizon shall do so regardless of
 whether or not such rates, terms and conditions are effective.

 
	
  

 	
  

 
	
 2.

 	
 D&E’s
 Provision of Collocation 

 
	
  

 	
  

 
	
  

 	
 Upon request by
 Verizon, D&E shall provide to Verizon collocation of facilities and
 equipment at D&E premises that are located in Verizon’s service
 territory, but are not located within Verizon’s premises, for the purpose of
 facilitating Verizon’s interconnection with facilities or services of
 D&E. D&E shall provide collocation on a non-discriminatory basis in
 accordance with D&E’s applicable Tariffs, or in the absence of applicable
 D&E Tariffs, in accordance with terms, conditions and prices to be
 negotiated by the Parties.

 


109





911 ATTACHMENT


	
  

 	
  

 	
  

 	
  

 
	
 1.

 	
 911/E-911
 Arrangements 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 1.1

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

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 1.2

 	
 Path and route
 diverse Interconnections for 911/E-911 shall be made at the D&E-IP, the
 Verizon-IP, or other points as necessary and mutually agreed, and as required
 by law or regulation. 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 1.3

 	
 Within thirty (30)
 days of its receipt of a complete and accurate request from D&E, to
 include all required information and applicable forms, and to the extent authorized
 by the relevant federal, state, and local authorities, Verizon will provide
 D&E, where Verizon offers 911 service, with the following at a reasonable
 fee, if applicable: 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 1.3.1

 	
 a file via
 electronic medium containing the Master Street Address Guide (“MSAG”) for
 each county within the LATA(s) where D&E is providing, or represents to
 Verizon that it intends to provide within sixty (60) days of CLEC(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. A letter
 is required from the PSAP director before the release of the MSAG by Verizon
 to D&E;

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 1.3.2

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

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 1.3.3

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

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 1.3.4

 	
 a list of Verizon
 personnel who currently have responsibility for 911/E-911 requirements,
 including a list of escalation contacts should the primary contacts be
 unavailable.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 1.3.5

 	
 any special 911
 trunking requirements for each 911/E-911 selective router or 911 Tandem
 Office, where available, and;

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 1.3.6

 	
 prompt return of
 any D&E 911/E-911 data entry files containing errors, so that D&E may
 ensure the accuracy of the Customer records.

 
	
  

 	
  

 
	
 2.

 	
 Electronic
 Interface 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 D&E shall use,
 where available, the appropriate Verizon electronic interface, through which
 D&E shall input and provide a daily update of 911/E-911 database
 information related to appropriate D&E Customers. In those areas where an
 electronic interface is not available, D&E shall provide Verizon with all
 appropriate 911/E-911 information such as name, address, and telephone number
 via facsimile for Verizon’s entry into the 911/E-

 


110









	
  

 	
  

 	
  

 	
  

 
	
  

 	
 911 database
 system. Any 911/E-911-related data exchanged between the Parties prior to the
 availability of an electronic interface shall conform to Verizon standards,
 whereas 911/E-911-related data exchanged electronically shall conform to the
 National Emergency Number Association standards (“NENA”). D&E may also
 use the electronic interface, where available, to query the 911/E-911
 database to verify the accuracy of D&E Customer information.

 
	
  

 	
  

 	
  

 	
  

 
	
 3.

 	
 911
 Interconnection 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 Verizon and
 D&E will use commercially reasonable efforts to facilitate the prompt,
 robust, reliable and efficient interconnection of D&E systems to the 911/E-911
 platforms and/or systems.

 
	
  

 	
  

 	
  

 	
  

 
	
 4.

 	
 911
 Facilities 

 
	
  

 	
  

 	
  

 	
  

 
	
  

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

 
	
  

 	
  

 	
  

 	
  

 
	
 5.

 	
 Local
 Number Portability for use with 911 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 The Parties
 acknowledge that until Local Number Portability (“LNP”) with full 911/E-911
 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 D&E. Therefore, for those
 ported telephone numbers using INP, D&E will provide the 911/E-911
 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/E-911 database system. Further,
 D&E will outpulse the telephone number to which the call has been
 forwarded (that is, the Customer’s ANI) to the 911 Tandem office or selective
 router. D&E will include their NENA five character Company Identification
 (“COID”) for inclusion in the ALI display.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 5.1

 	
 D&E is required
 to enter data into the 911/E-911 database under the NENA Standards for LNP.
 This includes, but is not limited to, using D&E’s NENA COID to lock and
 unlock records and the posting of D&E’s NENA COID to the ALI record where
 such locking and migrating feature for 911/E-911 records are available or as
 defined by local standards. 

 
	
  

 	
  

 	
  

 	
  

 
	
 6.

 	
 PSAP
 Coordination 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 Verizon and
 D&E 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/E-911 arrangements.

 
	
  

 	
  

 	
  

 	
  

 
	
 7.

 	
 911
 Compensation 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 D&E will
 compensate Verizon for connections to its 911/E-911 platform and/or system
 pursuant to the rate schedule included in this attachment.

 
	
  

 	
  

 	
  

 	
  

 
	
 8.

 	
 911
 Rules and Regulations 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 D&E and
 Verizon will comply with all applicable rules and regulations (including 911
 taxes and surcharges as defined by local requirements) pertaining to the
 provision of 911/E-911 services in Pennsylvania.

 


111





PRICING ATTACHMENT


	
  

 	
  

 	
  

 	
  

 
	
 1.

 	
 General
 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 1.1

 	
 As used in this
 Attachment, the term “Charges” means the rates, fees, charges and prices for
 a Service. 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 1.2

 	
 Except as stated
 in Section 2 or Section 3, below, Charges for Services shall be as stated in
 this Section 1. 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 1.3

 	
 The Charges for a
 Service shall be the Charges for the Service stated in the Providing Party’s
 applicable Tariff. 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 1.4

 	
 In the absence of
 Charges for a Service established pursuant to Section 1.3, the Charges shall
 be as stated in Appendix A of this Pricing Attachment. 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 1.5

 	
 The Charges stated
 in Appendix A of this Pricing Attachment shall be automatically superseded by
 any applicable Tariff Charges. The Charges stated in Appendix A of this
 Pricing Attachment also shall be automatically superseded by any new
 Charge(s) when such new Charge(s) are required by any order of the Commission
 or the FCC, approved by the Commission or the FCC, or otherwise allowed to go
 into effect by the Commission or the FCC (including, but not limited to, in a
 Tariff that has been filed with the Commission or the FCC), provided such new
 Charge(s) are not subject to a stay issued by any court of competent
 jurisdiction. 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 1.6

 	
 In the absence of
 Charges for a Service established pursuant to Sections 1.3 through 1.5, if
 Charges for a Service are otherwise expressly provided for in this Agreement,
 such Charges shall apply. 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 1.7

 	
 In the absence of
 Charges for a Service established pursuant to Sections 1.3 through 1.6, the
 Charges for the Service shall be the Providing Party’s FCC or Commission
 approved Charges. 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 1.8

 	
 In the absence of
 Charges for a Service established pursuant to Sections 1.3 through 1.7, the
 Charges for the Service shall be mutually agreed to by the Parties in
 writing. 

 
	
  

 	
  

 	
  

 	
  

 
	
 2.

 	
 Verizon
 Telecommunications Services Provided to D&E for Resale Pursuant to the
 Resale Attachment 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 2.1

 	
 Verizon
 Telecommunications Services for which Verizon is Required to Provide a
 Wholesale Discount Pursuant to Section 251(c)(4) of the Act. 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 2.1.1

 	
 The Charges for a
 Verizon Telecommunications Service purchased by D&E for resale for which
 Verizon is required to provide a wholesale discount pursuant to Section
 251(c)(4) of the Act shall be the Retail Price for such Service set forth in
 Verizon’s applicable Tariffs (or, if there is no Tariff Retail Price for such
 Service, Verizon’s Retail Price for the Service that is generally offered to
 Verizon’s Customers), less, to the extent required by Applicable Law: (a) the
 applicable wholesale discount stated in Verizon’s Tariffs for Verizon
 Telecommunications Services purchased for resale pursuant to Section
 251(c)(4) of the Act; or, (b) in the absence of an applicable Verizon Tariff
 wholesale discount for Verizon Telecommunications Services purchased for resale
 pursuant to Section

 


112









	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 251(c)(4) of the
 Act, the applicable wholesale discount stated in Appendix A for Verizon
 Telecommunications Services purchased for resale pursuant to Section
 251(c)(4) of the Act. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 2.1.2

 	
 The Charges for a
 Verizon Telecommunications Service Customer Specific Arrangement (“CSA”)
 purchased by D&E for resale pursuant to Section 3.3 of the Resale
 Attachment for which Verizon is required to provide a wholesale discount
 pursuant to Section 251(c)(4) of the Act, shall be the Retail Price for the
 CSA, less, to the extent required by Applicable Law: (a) the applicable
 wholesale discount stated in Verizon’s Tariffs for Verizon Telecommunications
 Services purchased for resale pursuant to Section 251(c)(4) of the Act; or, (b)
 in the absence of an applicable Verizon Tariff wholesale discount for Verizon
 Telecommunications Services purchased for resale pursuant to Section
 251(c)(4) of the Act, the applicable discount stated in Appendix A for
 Verizon Telecommunications Services purchased for resale pursuant to Section
 251(c)(4) of the Act. Notwithstanding the foregoing, in accordance with, and
 to the extent permitted by Applicable Law, Verizon may establish a wholesale
 discount for a CSA that differs from the wholesale discount that is generally
 applicable to Telecommunications Services provided to D&E for resale
 pursuant to Section 251(c)(4) of the Act. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 2.1.3

 	
 Notwithstanding
 Sections 2.1 and 2.2, in accordance with, and to the extent permitted by
 Applicable Law, Verizon may at any time establish a wholesale discount for a
 Telecommunications Service (including, but not limited to, a CSA) that
 differs from the wholesale discount that is generally applicable to
 Telecommunications Services provided to D&E for resale pursuant to
 Section 251(c)(4) of the Act. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 2.1.4

 	
 The wholesale
 discount stated in Appendix A shall be automatically superseded by any new
 wholesale discount when such new wholesale discount is required by any order
 of the Commission or the FCC, approved by the Commission or the FCC, or
 otherwise allowed to go into effect by the Commission or the FCC, provided
 such new wholesale discount is not subject to a stay issued by any court of
 competent jurisdiction. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 2.1.5

 	
 The wholesale
 discount provided for in Sections 2.1.1 through 2.1.3 shall not be applied
 to: 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 2.1.5.1

 	
 Short term
 promotions as defined in 47 CFR § 51.613; 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 2.1.5.2

 	
 Except as
 otherwise provided by Applicable Law, Exchange Access services; 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 2.1.5.3

 	
 Subscriber Line
 Charges, Federal Line Cost Charges, end user common line Charges, taxes, and
 government Charges and assessment (including, but not limited to, 9-1-1
 Charges and Dual Party Relay Service Charges). 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 2.1.5.4

 	
 Any other service
 or Charge that the Commission, the FCC, or other governmental entity of
 appropriate jurisdiction determines is not subject to a wholesale rate
 discount under Section 251(c)(4) of the Act. 

 


113









	
  

 	
  

 	
  

 	
  

 
	
  

 	
 2.2

 	
 Verizon
 Telecommunications Services for which Verizon is Not Required to Provide a
 Wholesale Discount Pursuant to Section 251(c)(4) of the Act. 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 2.2.1

 	
 The Charges for a
 Verizon Telecommunications Service for which Verizon is not required to
 provide a wholesale discount pursuant to Section 251(c)(4) of the Act shall be
 the Charges stated in Verizon’s Tariffs for such Verizon Telecommunications
 Service (or, if there are no Verizon Tariff Charges for such Service,
 Verizon’s Charges for the Service that are generally offered by Verizon).

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 2.2.2

 	
 The Charges for a
 Verizon Telecommunications Service customer specific contract service
 arrangement (“CSA”) purchased by D&E pursuant to Section 3.3 of the
 Resale Attachment for which Verizon is not required to provide a wholesale
 discount pursuant to Section 251(c)(4) of the Act shall be the Charges
 provided for in the CSA and any other Charges that Verizon could bill the
 person to whom the CSA was originally provided (including, but not limited
 to, applicable Verizon Tariff Charges).

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 2.3

 	
 Other Charges. 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 2.3.1

 	
 D&E shall pay,
 or collect and remit to Verizon, without discount, all Subscriber Line
 Charges, Federal Line Cost Charges, and end user common line Charges,
 associated with Verizon Telecommunications Services provided by Verizon to
 D&E.

 
	
  

 	
  

 	
  

 	
  

 
	
 3.

 	
 D&E
 Prices 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 Notwithstanding
 any other provision of this Agreement, the Charges that D&E bills Verizon
 for D&E’s Services shall not exceed the Charges for Verizon’s comparable
 Services, except to the extent the D&E has demonstrated to Verizon, or,
 at Verizon’s request, to the Commission or the FCC, that D&E’s cost to
 provide such D&E Services to Verizon exceeds the Charges for Verizon’s
 comparable Services. 

 
	
  

 	
  

 	
  

 	
  

 
	
 4.

 	
 Section
 271 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 If Verizon is a
 Bell Operating Company (as defined in the Act) and in order to comply with
 Section 271(c)(2)(B) of the Act provides a Service under this Agreement that
 Verizon is not required to provide by Section 251 of the Act, Verizon shall
 have the right to establish Charges for such Service in a manner that differs
 from the manner in which under Applicable Law (including, but not limited to,
 Section 252(d) of the Act) Charges must be set for Services provided under
 Section 251. 

 
	
  

 	
  

 	
  

 	
  

 
	
 5.

 	
 Regulatory
 Review of Prices 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 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
 Charges for its Services (including, but not limited to, a proceeding to
 change the Charges for its services, whether provided for in any of its
 Tariffs, in Appendix A, or otherwise); and (b) with regard to the Charges of
 the other Party (including, but not limited to, a proceeding to obtain a
 reduction in such Charges and a refund of any amounts paid in excess of any
 Charges that are reduced). 

 


114






APPENDIX A TO THE PRICING ATTACHMENT


VERIZON
PENNSYLVANIA and D&E SYSTEMS, INC.


	
  

 	
  

 	
  

 	
  

 	
  

 
	
 A.
 INTERCONNECTION1

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service or Element Description2:  

 	
  

 	
 Recurring Charges: 

 	
  

 	
 Non-Recurring Charge: 

 
	

 


 	
  

 	

 


 	
  

 	

 


 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 I.
 Reciprocal Compensation 

 Traffic Termination3

 	
  

 	
  

 	
  

 	
  

 
	
 Traffic
 Delivered at Verizon End Office

 	
  

 	
 $.001723/MOU

 	
  

 	
 Not Applicable

 
	
 Traffic
 Delivered at Verizon Tandem

 	
  

 	
 $.002814/MOU

 	
  

 	
 Not Applicable

 









1 All rates and charges
specified herein are pertaining to the Interconnection Attachment.


2 Unless
a citation is provided to a generally applicable Verizon tariff, all listed
rates and services are available only to D&E when purchasing these services
for use in the provision of Telephone Exchange Service, and apply only to Local
Traffic and local Ancillary Traffic.
Verizon rates and services for use by D&E in the carriage of Toll
Traffic shall be subject to Verizon’s tariffs for Exchange Access Service. Adherence to these limitations is subject to
a reasonable periodic audit by Verizon.


          As
applied to wholesale discount rates, unbundled Network Elements or call
transport and/or termination of Local Traffic purchased for the provision of
Telephone Exchange Service or Exchange Access, the rates and charges set forth
in Appendix A shall apply until such time as they are replaced by new rates as
may be approved or allowed into effect by the Commission from time to time
pursuant to the FCC Regulations, subject to a stay or other order issued by any
court of competent jurisdiction. 


3 See the last page
regarding measurement and calculation of Reciprocal Compensation Traffic
termination charges.


115









	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service or Element Description:

 	
  

 	
 Recurring Charges:

 	
  

 	
 Non-Recurring Charge:

 
	

 


 	
  

 	

 


 	
  

 	

 


 
	
 II.
 Entrance Facilities and Transport for Interconnection

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

 	
  

 	
 Per interstate [Verizon FCC 1 Sec. 6 access tariff for
 Feature Group D service as amended from time to time

 	
  

 	
 Per interstate [Verizon FCC 1 Sec. 6] access tariff for
 Feature Group D service as amended from time to time

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Per intrastate [Verizon PA PUC. – PA – No. 302 Sec. 6]
 access tariff for Feature Group D service as amended from time to time

 	
  

 	
 Per intrastate [Verizon PA PUC. – PA – No. 302 Sec. 6]
 access tariff for Feature Group D service as amended from time to time

 
	
 III.
 Exchange Access Service

 	
  

 	
  

 	
  

 	
  

 
	
 Interstate

 	
  

 	
 Per Verizon FCC tariff number 1, as amended from time to
 time

 
	
 Intrastate

 	
  

 	
 Per Verizon tariff number 302, as amended from time to
 time

 


116





 


	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service or Element Description:

 	
  

 	
 Recurring Charges:

 	
  

 	
 Non-Recurring Charge:

 
	

 


 	
  

 	

 


 	
  

 	

 


 
	
 IV.
 End Point Fiber Meet

 	
  

 	
 To be charged in accordance with the requirements of the
 Interconnection Attachment, Section 3

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 V. Tandem Transit arrangements for Local
 Traffic between D&E and carriers other than Verizon that subtend a
 Verizon Tandem Switch. (Not applicable to Toll Traffic when Meet Point
 Billing Arrangement applies; Separate trunks required for IXC subtending
 trunks)

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Tandem
 Switching

 	
  

 	
 $.000795/MOU

 	
  

 	
 Per Section II. above, as applicable

 
	
 Switched
 Transport

 	
  

 	
 $.000144/MOU

 	
  

 	
  

 
	
  

 	
  

 	
 $.000003/MOU/Mile

 	
  

 	
  

 


117









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 B. UNBUNDLED NETWORK ELEMENTS4


 Service or Element Description5:

 	
  

 	
 Recurring Charges:

 	
  

 	
 Non-Recurring Charge:

 
	

 


 	
  

 	

 


 	
  

 	

 


 
	
 I.
 Dedicated Transport6

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 Voice Grade/DS-0

 

 

 DS-1

 

 

 DS-3

 

 

 DDS

 

 

 STS-1

 

 

 OC-3

 

 

 OC-12



 	
  

 	
 $9.75/Month &

 $.03/Mile/Month

 

 $35.22/Month & 

 $.60/Mile/Month

 

 $489.55/Month &
$16.94/Mile/Month

 

 $10.10/Month &

 $.03/Mile /Month

 

 $378.21*/Month &

 $15.23*/Mile/Month

 

 $1,144.03*/Month &
$46.79*/Mile/Month

 

 $2,887.97*/Month &
$95.12*/Mile/Month

 	
  

 	
 All:

 $1.06/Service Order, $357.97/Initial Facility & $24.29/Additional
 Facility (if purchased when initial facility ordered)



 
	
 II.
 Common Transport

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 Tandem Switching

 	
  

 	
 $.000795/MOU

 	
  

 	
 Not Applicable

 
	
  

 	
 Transport Fixed

 	
  

 	
 $.000144/MOU

 	
  

 	
 Not Applicable

 
	
  

 	
 Transport Per Mile

 	
  

 	
 $.000003/MOU

 	
  

 	
 Not Applicable

 








4 All rates
and charges specified herein are pertaining to the Unbundled Network Elements
Attachment.


5 All rates and/or rate structures set forth herein, that are
marked with an asterisk (‘*’), as applied to wholesale discount of retail
Telecommunications Services, unbundled Network Elements or call transport
and/or termination of Local Traffic purchased for the provision of Telephone
Exchange Service or Exchange Access, shall be interim rates and/or rate
structures. These interim rates and/or
rate structures shall be replaced on a prospective basis by such permanent
rates and/or rate structures (applicable to wholesale discount of retail
Telecommunications Services, unbundled Network Elements or call transport
and/or termination of Local Traffic purchased for the provision of Telephone
Exchange Service or Exchange Access) as may be approved by the Commission and
if appealed as may be ordered at the conclusion of such appeal.


6 Verizon’s proposed UNEs, UNE combinations, and UNE pricing
methodology reflect the FCC’s current rules.
Verizon does not agree that UNE prices must be based solely on
forward-looking costs, and Verizon reserves the right to seek to change its UNE
offerings and UNE prices if the FCC’s rules are vacated or modified by the FCC
or by a final, non-appealable judicial decision.


          In
compliance with the FCC order approving the merger of GTE Corporation and Bell
Atlantic (CC Docket No. 98-1840), Verizon will offer limited duration
promotional discounts on residential UNE Loops and UNE Advance Services
Loops. The terms and conditions on
which these promotional discounts are being made available can be found on
http://www.verizon.com/wise for former GTE service areas and former Bell
Atlantic service areas. 


118









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service or Element Description:

 	
  

 	
 Recurring Charges:

 	
  

 	
 Non-Recurring Charge:

 
	

 


 	
  

 	

 


 	
  

 	

 


 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 III.
 Digital Cross-Connect System

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 Service Establishment

 	
  

 	
 Not Applicable

 	
  

 	
 $1913.61

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 Database Modification

 	
  

 	
 Not Applicable

 	
  

 	
 $150.48/Modification

 Request

 
	
  

 	
 Reconfiguration by Verizon personnel

 	
  

 	
 Not Applicable

 	
  

 	
 $32.37 Programming Charge/Half Hour

 
	
  

 	
 DS-0 Cross-Connect

 	
  

 	
 $20.55/Port/Month

 	
  

 	
 $26.48/Port

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 DS-1 Cross-Connect

 	
  

 	
 $72.10/Port/Month

 	
  

 	
 $33.11/Port

 


119







	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service or Element Description:

 	
  

 	
 Recurring Charges:

 	
  

 	
 Non-Recurring Charge:

 
	

 


 	
  

 	

 


 	
  

 	

 


 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 IV.
 Entrance Facilities

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 2 Wire Voice Grade Channel Termination

 	
  

 	
 $14.04/Month

 	
  

 	
 All:

 $1.06/Service Order plus installation charges for each initial and additional
 facility purchased at the time of order:
$503.05/Initial &
$292.96/Additional

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 4 Wire Voice Grade Channel Termination

 


 DS-1 to Voice Grade Multiplexing

 



 DS-1 Channel Termination

 



 DS-3 to DS-1 Multiplexing

 



 DS-3 Channel Termination

 

 

 STS-1



 

 OC-3




 OC-12

 	
  

 	
 $28.78/Month

 

 

 $73.28/Month

 

 

 $155.68/Month

 

 

 $242.57/Month

 

 

 $975.90/Month

 

 

 $325.52*/Month

 

 

 $530.56*/Month

 

 

 $2,129.17*/Month

 	
  

 	
 $504.74/Initial &

 $293.52/Additional

 

 $554.67/Initial &

 $554.67/Additional

 

 $676.43/Initial &
$335.87/Additional

 

 $554.67/Initial &
$554.67/Additional

 

 $676.43/Initial &

 $335.87/Additional

 

 $676.43*/Initial &

 $335.87*/Additional

 

 $676.43*/Initial &

 $335.87*/Additional

 

 $676.43*/Initial &

 $335.87*/Additional

 


120









	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service or Element Description:

 	
  

 	
 Recurring Charges:

 	
  

 	
 Non-Recurring Charge:

 
	

 


 	
  

 	

 



 	
  

 	

 


 
	
 V.
 Unbundled Switching7

 	
  

 	
  

 	
  

 	
  

 
	
 a. Local
 Switching Ports

 	
  

 	
  

 	
  

 	
  

 
	
 POTS/PBX/Centrex

 	
  

 	
  

 	
  

 	
 $1.06/Service Order

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Rates per port per month with all
 vertical features:

 	
  

 	
 $2.67/Port/Month



 	
  

 	
 Per Port:

 $3.01/Installation

 $1.34/Disconnect

 
	
 Rates per port, per month, with
 all vertical features except:

 	
  

 	
 $1.90/Port/Month

 	
  

 	
  

 
	
 3-Way Calling

 

 Centrex Intercom

 

 Custom Ringing

 

 Calling Number Delivery Block

 	
  

 	
 $.52/Month

 $.45/Month

 $.16/Month

 

 $.002/Call

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 ISDN (BRI)

 	
  

 	
 $9.74Port/Month

 	
  

 	
 $1.06/Service Order 

 Per Port:

 $3.01/Installation

 $1.34/Disconnect

 








7 In addition to the recurring and non-recurring rates set forth herein
for unbundled switching elements, Verizon may levy upon purchaser of such
elements any access charges (or portion thereof) permitted by Applicable Laws.


121










	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service or Element Description:

 	
  

 	
 Recurring Charges:

 	
  

 	
 Non-Recurring Charge:

 
	

 


 	
  

 	

 


 	
  

 	

 


 
	
  

 	
 ISDN (PRI)

 	
  

 	
 $128.53/Port/Month

 	
  

 	
 $1.06/Service Order Per Port:

 $114.73/Installation 

 $1.34/Disconnect

 
	
  

 	
 Public/Semi-Public

 	
  

 	
 $3.30/Port/Month

 	
  

 	
 $1.06/Service Order Per Port:

 $3.01/Installation

 $1.34/Disconnect

 
	
  

 	
 DID

 	
  

 	
 $5.58/Port/Month

 	
  

 	
 $1.06/ Service Order Per Port:

 $700.41/Installation

 $1.32/Disconnect

 
	
  

 	
 Switched DS1

 	
  

 	
 $92.70/Port/Month

 	
  

 	
 $1.06/Service Order Per Port:

 $3.01/Installation 

 $1.34/Disconnect

 
	
  

 	
 IDLC Analog

 	
  

 	
 $382.70/ Port/Month

 	
  

 	
 $1.06/Service Order Per Port:

 $3.01/Installation

 $1.34/Disconnect

 
	
  

 	
 UPALP (Unbundled Public Access Line)

 	
  

 	
 $2.50/Port/Month

 	
  

 	
 $1.06/Service Order Per Port:

 $3.01/Installation 

 $1.34/Disconnect

 
	
  

 	
 UCP (Unbundled Coin)

 	
  

 	
 $3.70/Port/Month

 	
  

 	
 $1.06/Service Order Per Port:

 $3.01/Installation 

 $1.34/Disconnect

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 Ancillary Features for UPALP or UCP

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 International
 Direct Dial Blocking (IDDB)

 	
  

 	
 $.06543

 	
  

 	
 Not Applicable

 
	
  

 	
 Line Side
 Answer Supervision

 	
  

 	
 $.00592

 	
  

 	
 Not Applicable

 
	
  

 	
 Call Type
 Blocking

 	
  

 	
 $.06543

 	
  

 	
 Not Applicable

 
	
  

 	
 Inward
 Screening

 	
  

 	
 $0.00

 	
  

 	
 Not Applicable

 
	
  

 	
 Outward
 Blocking

 	
  

 	
 $0.06113

 	
  

 	
 Not Applicable

 
	
  

 	
 One-way
 Restriction - Inward Blocking

 	
  

 	
 $0.04181

 	
  

 	
 Not Applicable

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 SMDI

 	
  

 	
 $206.95

 	
  

 	
 $1.06/Service Order Per Port:

 $700.41/Installation 

 $1.34/Disconnect

 
	
 b. Tandem
 Switching Usage

 	
  

 	
 $.000795/MOU

 	
  

 	
 Not Applicable

 
	
 c. Local
 Switching Usage

 	
  

 	
  

 	
  

 	
  

 


122









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service or Element Description:

 	
  

 	
 Recurring Charges:

 	
  

 	
 Non-Recurring Charge:

 
	

 


 	
  

 	

 


 	
  

 	

 


 
	
  

 	
 Originating With Vertical Features Terminating With
 Vertical Features

 	
  

 	
 $.001802/MOU

 $.001615/MOU

 	
  

 	
 Not Applicable

 Not Applicable

 
	
 d. Trunk Ports

 	
  

 	
  

 	
  

 	
  

 
	
 End Office (Dedicated)

 Tandem

 	
  

 	
 $87.81

 $214.57

 	
  

 	
 $1.06/Service Order

 

 Initial facility $357.97

 Additional facility (when ordered at time of Initial Facility) $24.29

 
	
 VI. Unbundled
Loops8 

 	
  

 	
  

 	
  

 	
  

 
	
 2 Wire
 Analog Loops (POTS Loops)

 	
  

 	
 Density Cell:

 1 - $10.25/Month

 2 - $11.00/Month

 3 - $14.00/Month

 4 - $17.50/Month

 	
  

 	
 Service Order: $1.06

 Installation:

 If premises visit not required - $3.01 initial and each additional loop;
 Not Applicable if existing loop & port together

 

 If premises visit required - $67.66, initial loop; $22.86, additional loop

 

 Disconnect:

 $1.34 per loop

 






	
  

 	
  

 
	

 


 	
  

 
	
 8 In
compliance with the FCC order approving the merger of GTE Corporation and
Bell Atlantic (CC Docket No. 98-1840), Verizon will offer limited duration
promotional discounts on residential UNE Loops and UNE Advance Services
Loops. The terms and conditions on which these promotional discounts are
being made available can be found on http://www.verizon.com/wise for former
GTE service areas and former Bell Atlantic service areas. 

 



123









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service or Element Description:

 	
  

 	
 Recurring Charges:

 	
  

 	
 Non-Recurring Charge:

 
	

 


 	
  

 	

 


 	
  

 	

 


 
	
  

 	
 2 Wire ISDN

 	
  

 	
 Density Cell:

 1 - $11.71/Month

 2 - $12.42/Month

 3 - $15.42/Month

 4 - $18.73/Month

 	
  

 	
 Service Order: $1.06

 Installation:

 If premises visit not required - $13.06 initial and each additional loop; Not
 Applicable if existing loop & port together

 

 If premises visit required - $77.71, initial loop; $32.91, additional loop

 

 Disconnect:

 $1.34 per loop

 


124









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service or Element Description:

 	
  

 	
 Recurring Charges:

 	
  

 	
 Non-Recurring Charge:

 
	

 


 	
  

 	

 


 	
  

 	

 


 
	
  

 	
 Customer Specified Signaling - 2 Wire

 	
  

 	
 Density Cell:

 1 - $10.25/Month

 2 - $11.00/Month

 3 - $14.00/Month

 4 - $17.50/Month

 	
  

 	
 Service Order: $1.06

 Installation:

 If premises visit not required - $3.01initial and each additional loop; Not
 Applicable if existing loop & port together

 

 If premises visit required - $67.66, initial loop; $22.86, additional loop

 

 Disconnect:

 $1.34 per loop

 

 Coordinated Cutover: 9

 If premises visit not required - $3.28 per order

 If premises visit required - $12.25 per order

 

 Designed Circuit:

 $41.42 per order

 






	
  

 	
  

 
	

 


 
	
 9 Coordinated Cutover not
 available with ADSL, HDSL, SDSL, IDSL or Digital Designed Loops.

 


125









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service or Element Description:

 	
  

 	
 Recurring Charges:

 	
  

 	
 Non-Recurring Charge:

 
	

 


 	
  

 	

 


 	
  

 	

 


 
	
  

 	
 Customer Specified Signaling - 4 Wire

 	
  

 	
 Density Cell:

 1 - $19.93/Month

 2 - $22.81/Month

 3 - $28.69/Month

 4 - $34.43/Month

 	
  

 	
 Service Order: $1.06

 Installation:

 If premises visit not required - $3.01 initial and each additional loop; Not
 Applicable if existing loop & port together

 

 If premises visit required - $67.66, initial loop; $22.86, additional loop

 

 Disconnect:

 $1.34 per loop

 

 Coordinated Cutover: 10

 If premises visit not required - $3.28 per order

 If premises visit required - $12.25 per order

 

 Designed Circuit:

 $41.42 per order

 






	
  

 	
  

 
	

 


 
	
 10 Coordinated Cutover not
 available with ADSL, HDSL, SDSL, IDSL or Digital Designed Loops.

 


126









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service or Element Description:

 	
  

 	
 Recurring Charges:

 	
  

 	
 Non-Recurring Charge:

 
	

 


 	
  

 	

 


 	
  

 	

 


 
	
  

 	
 DS1

 	
  

 	
 Density Cell:

 1 - $117.90/Month

 2 - $120.62/Month

 3 - $146.42/Month

 4 - $191.17/Month

 	
  

 	
 Service Order: $1.06

 Installation:

 If premises visit not required - $3.01 initial and each additional loop; Not
 Applicable if existing loop & port together

 

 If premises visit required - $67.66, initial loop; $22.86, additional loop

 

 Disconnect:

 $1.34 per loop

 

 Coordinated Cutover: 

 If premises visit not required - $3.28 per order

 If premises visit required - $12.25 per order

 

 Designed Circuit:

 $41.42 per order

 


127









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service or Element Description:

 	
  

 	
 Recurring Charges:

 	
  

 	
 Non-Recurring Charge:

 
	

 


 	
  

 	

 


 	
  

 	

 


 
	
  

 	
 DS3

 	
  

 	
 Density Cell:

 1 - $915.64/Month

 2 - $915.64/Month

 3 - $915.64/Month

 4 - $915.64/Month

 	
  

 	
 Service Order: $1.06

 Installation:

 If premises visit not required - $3.01 initial and each additional loop; Not
 Applicable if existing loop & port together

 

 If premises visit required - $67.66, initial loop; $22.86, additional loop

 

 Disconnect:

 $1.34 per loop

 

 Coordinated Cutover: If premises visit not required - $3.28 per order

 If premises visit required - $12.25 per order

 

 Designed Circuit:

 $41.42 per order

 


128









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service or Element Description:

 	
  

 	
 Recurring Charges:

 	
  

 	
 Non-Recurring Charge:

 
	

 


 	
  

 	

 


 	
  

 	

 


 
	
  

 	
 2 Wire ADSL compatible Loops

 2 Wire HDSL compatible Loops

 2 Wire SDSL compatible Loops

 2 Wire IDSL compatible Loops

 	
  

 	
 Density Cell:

 1 - $10.25/Month

 2 - $11.00/Month

 3 - $14.00/Month

 4 - $17.50/Month

 	
  

 	
 Service Order: $1.06

 Installation:

 If premises visit not required - $3.01 initial and each additional loop; Not
 Applicable if existing loop & port together

 

 If premises visit required - $67.66, initial loop; $22.86, additional loop

 

 Disconnect:

 $1.34 per loop

 

 Cooperative Testing, per loop-$31.72

 

 Engineering query,

 $123.60

 

 Engineering Work Order,

 $555.40

 


129









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service or Element Description:

 	
  

 	
 Recurring Charges:

 	
  

 	
 Non-Recurring Charge:

 
	

 


 	
  

 	

 


 	
  

 	

 


 
	
  

 	
 4 Wire HDSL Loops

 	
  

 	
 Density Cell:

 1 - $19.93/Month

 2 - $22.81/Month

 3 - $28.69/Month

 4 - $34.43/Month

 	
  

 	
 Service Order: $1.06

 Installation:

 If premises visit not required - $3.01 initial and each additional loop; Not
 Applicable if existing loop & port together

 

 If premises visit required - $67.66, initial loop; $22.86, additional loop

 

 Disconnect:

 $1.34 per loop

 

 Cooperative Testing, per loop-$31.72

 

 Engineering query,

 $123.60

 

 Engineering Work Order, $555.40

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 Digital Four-Wire (56 KD) Loops

 	
  

 	
 Density Cell:

 1 - $37.54*/Month

 2 - $40.06*/Month

 3 - $47.07*/Month

 4 - $51.79*/Month

 	
  

 	
 Service Order: $1.06*

 Installation:

 If premises visit not required - $3.01* initial and each additional loop; Not
 Applicable if existing loop & port together

 

 If premises visit required - $67.66*, initial loop; $22.86*, additional loop

 

 Disconnect:

 $1.34* per loop

 

 Coordinated Cutover, 

 premise visit- $12.25*

 no premises visit - $3.28*

 

 CCS Design, per order

 $41.42*

 


130









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service or Element Description:

 	
  

 	
 Recurring Charges:

 	
  

 	
 Non-Recurring Charge:

 
	

 


 	
  

 	

 


 	
  

 	

 


 
	
  

 	
 Standard Digital Loop

 	
  

 	
 All: 

 $.45/ Mechanized Loop Qualification per Loop Provisioned

 	
  

 	
 All: 

 $95.27/ Manual Loop Qualification per Loop Request

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 Digital Designed Loop

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 2 Wire ADSL compatible Loop (up to 12,000 feet) with
 Bridged Tap removal

 	
  

 	
 See rates for 2 Wire ADSL Loops as set forth above

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 $193.13*

 Removal of one Bridged Tap per Request

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 $469.83*

 Removal of Multiple Bridged Taps per Loop per Request (up to 18,000 feet)

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 $123.60*

 Engineering Query

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 $555.40*

 Engineering Work Order Charge

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 2 Wire ADSL compatible Loop (up to 18,000 feet) with
 Bridged Tap removal

 	
  

 	
 See rates for 2 Wire ADSL Loops as set forth above

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 $193.13*

 Removal of one Bridged Tap per Request

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 $469.83*

 Removal of Multiple Bridged Taps per Loop per Request (up to 18,000 feet)

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 $123.60*

 Engineering Query

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 $555.40*

 Engineering Work Order Charge

 


131









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service or Element Description:

 	
  

 	
 Recurring Charges:

 	
  

 	
 Non-Recurring Charge:

 
	

 


 	
  

 	

 


 	
  

 	

 


 
	
  

 	
 2 Wire Digital Designed Metallic Loop (up to 30,000 Feet)
 Non-loaded with Bridged Tap options

 	
  

 	
 See rates for 2 Wire ADSL and 2 Wire HDSL Loops as set
 forth above

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 $883.54*

 Required Removal of Load Coils (up to 21,000 feet)

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 $1175.10*

 Required removal of Load Coils (up to 27,000 feet)

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 $193.13*

 Removal of one Bridged Tap per Request

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 $469.83*

 Removal of Multiple Bridged Taps per Loop per Request (up to 18,000 feet)

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 $123.60*

 Engineering Query

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 $555.40*

 Engineering Work Order Charge

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 2 Wire Digital Designed Metallic Loop with ISDN Loop
 Extension Electronics

 	
  

 	
 See rates for 2 Wire ISDN Loops as set forth above

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 $883.54*

 Required Removal of Load Coils (up to 21,000 feet)

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 $1175.10*

 Required Removal of Load Coils (up to 27,000 feet)

 


132









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service or Element Description:

 	
  

 	
 Recurring Charges:

 	
  

 	
 Non-Recurring Charge:

 
	

 


 	
  

 	

 


 	
  

 	

 


 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 $193.13*

 Removal of one Bridged Tap per Request

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 $469.83*

 Removal of Multiple Bridged Taps per Loop per Request

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 $1,055.72*

 Addition of Range Electronics

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 $123.60*

 Engineering Query

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 $555.40*

 Engineering Work Order Charge

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 2 Wire HDSL compatible Loops (up to 12,000 feet) with
 Bridged Tap removal

 	
  

 	
 See rates for 2 Wire HDSL Loops as set forth above

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 $193.13*

 Removal of one Bridged Tap per Request

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 $469.83*

 Removal of Multiple Bridged Taps per Loop per Request (up to 18,000 feet)

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 $123.60*

 Engineering Query

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 $555.40*

 Engineering Work Order Charge

 


133









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service or Element Description:

 	
  

 	
 Recurring Charges:

 	
  

 	
 Non-Recurring Charge:

 
	

 


 	
  

 	

 


 	
  

 	

 


 
	
  

 	
 4 Wire HDSL compatible Loops (up to 12,000 feet) with
 Bridged Tap removal

 	
  

 	
 See rates for 4 Wire HDSL Loops as set forth above

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 $193.13*

 Removal of one Bridged Tap per Request

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 $469.83*

 Removal of Multiple Bridged Taps per Loop per Request (up to 18,000 feet)

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 $123.60*

 Engineering Query

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 $555.40*

 Engineering Work Order Charge

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 2 Wire SDSL compatible Loops with Bridged Tap removal

 	
  

 	
 See rates for 2 Wire SDSL Loops as set forth above

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 $193.13*

 Removal of one Bridged Tap per Request

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 $469.83*

 Removal of Multiple Bridged Taps per Loop per Request (up to 18,000 feet)

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 $123.60*

 Engineering Query

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 $555.40*

 Engineering Work Order Charge

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 2 Wire IDSL compatible Loops with (up to 18,000 feet)
 Bridged Tap removal

 	
  

 	
 See rates for 2 Wire IDSL Loops as set forth above

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 $193.13*

 Removal of one Bridged Tap per Request

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 $469.83*

 Removal of Multiple Bridged Taps per Loop per Request (up to 18,000 feet)

 


134









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service or Element Description:

 	
  

 	
 Recurring Charges:

 	
  

 	
 Non-Recurring Charge:

 
	

 


 	
  

 	

 


 	
  

 	

 


 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 $123.60*

 Engineering Query

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 $555.40*

 Engineering Work Order Charge

 
	
 VII.
 Intrastate Collocation

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 As Applicable Per
 Verizon PA PUC No. 218 as amended from time to time

 


135






VIII.
Line Sharing


	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Rate Element

 	
  

 	
 $ Amount

 	
  

 	
 Mo.

 	
  

 	
 NRC

 	
  

 	
 *Option 111

 	
  

 	
 *Option 2

 VERIZON installs/ CLEC

 vendor installs

 
	

 


 	
  

 	

 


 	
  

 	

 


 	
  

 	

 


 	
  

 	

 


 	
  

 	

 


 
	
 Application
 Fee - Augment

 	
  

 	
 $2500*

 	
  

 	
  

 	
  

 	
 X

 	
  

 	
 Not applicable
 unless adding line-sharing terminations

 	
  

 	
 (1)

 	
 (1)

 
	
 Engineering &
 Implementation Fee-Additional Cabling

 	
  

 	
 $1095.80*

 	
  

 	
  

 	
  

 	
 X

 	
  

 	
 Not applicable
 unless adding line-sharing terminations

 	
  

 	
 (1)

 	
 (1)

 
	
 Splitter
 Installation Cost

 	
  

 	
 $1,300.91*

 	
  

 	
  

 	
  

 	
 X

 	
  

 	
 Not applicable

 	
  

 	
 (1)

 	
  

 
	
 Collocation
 cross-connect perVG

 	
  

 	
 $1.17* for virtual
 $0.40* for physical

 	
  

 	
 X

 	
  

 	
  

 	
  

 	
 (2) SAC12s

 	
  

 	
 (2) SACs

 	
 (2) SACs

 



*Both Option 1 and Option 2 assume there is an existing Collocation
Arrangement. 


(1) = one required 


(2) = two required 


	
  

 
	

 


 
	
 11 Option 1: A CLEC-provided splitter shall be provided,
 installed and maintained by the CLEC in their own Collocation space.
 Rearrangements are the responsibility of the CLEC. Verizon dial tone is
 routed through the splitter in the CLEC Collocation area.

 Option 2: Verizon
 will install, inventory and maintain CLEC provided splitter in Verizon space
 within the Serving Central Office of the lines being provided. Verizon will
 have control of the splitter and will direct any required activity. 

 
	
  

 
	
 12 Service Access Charge (SAC) is the same as Interconnection
 Access Charge or a cross connect.

 


136









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Rate Element

 	
  

 	
 $ Amount

 	
  

 	
 Mo.

 	
  

 	
 NRC

 	
  

 	
 *Option 1

 	
  

 	
 Option 2

 VERIZON installs/ CLEC

 vendor installs

 
	

 


 	
  

 	

 


 	
  

 	

 


 	
  

 	

 


 	
  

 	

 


 	
  

 	

 


 
	
 Splitter Option A

 	
  

 	
 $20.49*

 	
  

 	
 X

 	
  

 	
  

 	
  

 	
 (1)

 	
  

 	
  

 	
  

 
	
 Splitter Option B

 	
  

 	
 $26.29*

 	
  

 	
 X

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 (1)

 	
 (1)

 
	
 Splitter Equipment
 Support

 	
  

 	
 $3.97*

 	
  

 	
 X

 	
  

 	
  

 	
  

 	
 (1)

 	
  

 	
 (1)

 	
 (1)

 
	
 WideBand Test
 Access per line

 	
  

 	
 $2.10*

 	
  

 	
 X

 	
  

 	
  

 	
  

 	
 (1)

 	
  

 	
 (1)

 	
 (1)

 



** Although this rate assumes that each relay rack contains 14 splitter
shelves, the rate applies only to the shelves that CLEC actually uses in a
given relay rack. 


(1) = one required 


(2) = two required 


137









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Rate Element

 	
  

 	
 $ Amount

 	
  

 	
 Mo.

 	
  

 	
 NRC

 	
  

 	
 *Option 1

 	
  

 	
 Option 2

 VERIZON installs/ CLEC

 vendor installs

 
	

 


 	
  

 	

 


 	
  

 	

 


 	
  

 	

 


 	
  

 	

 


 	
  

 	

 


 
	
 Service Order

 	
  

 	
 $1.06*

 	
  

 	
  

 	
  

 	
 X

 	
  

 	
 (1)

 	
  

 	
 (1)

 	
 (1)

 
	
 Field Installation
 Dispatch

 	
  

 	
 See Digital
 Installation Rates

 	
  

 	
  

 	
  

 	
 X

 	
  

 	
 (1)

 	
  

 	
 (1)

 	
 (1)

 
	
 Loop Qualification
 Data Base per link

 	
  

 	
 $0.45*

 	
  

 	
 X

 	
  

 	
  

 	
  

 	
 (1)

 	
  

 	
 (1)

 	
 (1)

 
	
 Manual Loop
 Qualification

 	
  

 	
 $95.27*

 	
  

 	
  

 	
  

 	
 X

 	
  

 	
 (1)

 	
  

 	
 (1)

 	
 (1)

 
	
 Engineering Query

 	
  

 	
 $123.60*

 	
  

 	
  

 	
  

 	
 X

 	
  

 	
 (1)

 	
  

 	
 (1)

 	
 (1)

 
	
 Engineering Work
 Order

 	
  

 	
 $555.40*

 	
  

 	
  

 	
  

 	
 X

 	
  

 	
 (1)

 	
  

 	
 (1)

 	
 (1)

 
	
 OSS Charges per
 transaction

 	
  

 	
 TBD*

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Unbundled Loops

 	
  

 	
 $0.00*

 	
  

 	
 X

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Conditioning
 charges for Digital Loops and Line Sharing

 	
  

 	
 See Digital
 Designed Loop Rates

 	
  

 	
  

 	
  

 	
 X

 	
  

 	
  

 	
  

 	
  

 	
  

 



(1) = one required 


(2) = two required 


138









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service or Element Description:

 	
  

 	
 Recurring Charges:

 	
  

 	
 Non-Recurring Charge:

 	
  

 
	

 


 	
  

 	

 


 	
  

 	

 


 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 IX. EEL

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 DS0 Connection Charge

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 2 Wire Analog Loop

 	
  

 	
  

 	
 $

 	
 0.08

 	
 *

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 2 Wire Digital Loop

 	
  

 	
  

 	
 $

 	
 0.09

 	
 *

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 4 Wire Analog Loop

 	
  

 	
  

 	
 $

 	
 0.17

 	
 *

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 DS1 Connection Charge

 	
  

 	
  

 	
 $

 	
 0.91

 	
 *

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 DS3 Connection Charge

 	
  

 	
  

 	
 $

 	
 108.39

 	
 *

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Digital Four Wire DS0 Loop Connection Charge

 	
  

 	
  

 	
 $

 	
 0.27

 	
 *

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 X. UNE Platform Conversion

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Initial

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 $

 	
 4.20

 	
 *

 	
  

 
	
 Additional

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 $

 	
 4.04

 	
 *

 	
  

 


139









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service or Element Description:

 	
  

 	
 Recurring Charges:

 	
  

 	
 Non-Recurring Charge:

 	
  

 
	

 


 	
  

 	

 


 	
  

 	

 


 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 XI. DARK FIBER

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Records Review

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 $

 	
 116.50

 	
 *

 	
  

 
	
 Dark Fiber – IOF

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Verizon C.O. to Verizon C.O

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service Order

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 $

 	
 55.22

 	
 *

 	
  

 
	
 Serving Wire Center (“SWC”) Charge/SWC/Pair

 	
  

 	
  

 	
 $

 	
 7.41

 	
 *

 	
  

 	
  

 	
 $

 	
 42.59

 	
 *

 	
  

 
	
  

 	
  

 	
  

 	
 $

 	
 46.89

 	
 *

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 IOF Mileage/Pair/
 mile

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 IOF Mileage Installation Charge/Pair

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 $

 	
 204.94

 	
 *

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Verizon C.O. to CLEC C.O.

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service Order

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 $

 	
 55.22

 	
 *

 	
  

 
	
 SWC Charge/SWC/Pair

 	
  

 	
  

 	
 $

 	
 7.41

 	
 *

 	
  

 	
  

 	
 $

 	
 42.59

 	
 *

 	
  

 
	
 Channel Termination Charge/CLEC C.O.

 	
  

 	
  

 	
 $

 	
 43.70

 	
 *

 	
  

 	
  

 	
 $

 	
 353.23

 	
 *

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Dark Fiber – LOOP

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service Order

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 $

 	
 55.22

 	
 *

 	
  

 
	
 SWC Charge/SWC/Pair

 	
  

 	
  

 	
 $

 	
 7.41

 	
 *

 	
  

 	
  

 	
 $

 	
 38.53

 	
 *

 	
  

 
	
 Loop Charge/Pair

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Rate Group A1

 	
  

 	
  

 	
 $

 	
 28.49

 	
 *

 	
  

 	
  

 	
 $

 	
 566.97

 	
 *

 	
  

 
	
 Rate Group A2

 	
  

 	
  

 	
 $

 	
 54.11

 	
 *

 	
  

 	
  

 	
 $

 	
 566.97

 	
 *

 	
  

 
	
 Rate Group B1

 	
  

 	
  

 	
 $

 	
 80.08

 	
 *

 	
  

 	
  

 	
 $

 	
 566.97

 	
 *

 	
  

 
	
 Rate Group B2

 	
  

 	
  

 	
 $

 	
 102.32

 	
 *

 	
  

 	
  

 	
 $

 	
 566.97

 	
 *

 	
  

 






	
  

 	
  

 	
  

 	
  

 	
  

 
	
 XII. UNBUNDLED SUBLOOP ARRANGEMENT (USLA)

 	
  

 	
  

 	
  

 	
  

 
	
 USLA - 2 Wire - Distribution

 	
  

 	
 Density Cell 

 	
  

 	
 New:

 
	
  

 	
  

 	
 1-$3.44* 

 	
  

 	
 Initial $128.93*

 
	
  

 	
  

 	
 2-$3.47* 

 	
  

 	
 Additional $58.05*

 
	
  

 	
  

 	
 3-$5.31* 

 	
  

 	
 Loop Through:

 
	
  

 	
  

 	
 4-$8.25*

 	
  

 	
 Initial $222.89*

 
	
  

 	
  

 	
  

 	
  

 	
 Additional $130.13*

 
	
  USLA - 4 Wire – Distribution

 	
  

 	
 Density Cell 

 	
  

 	
 New:

 
	
  

 	
  

 	
 1-$4.39* 

 	
  

 	
 Initial $159.25*

 
	
  

 	
  

 	
 2-$5.07* 

 	
  

 	
 Additional $73.55*

 
	
  

 	
  

 	
 3-$8.18* 

 	
  

 	
 Loop Through:

 
	
  

 	
  

 	
 4-$13.44*

 	
  

 	
 Initial $253.10*

 
	
  

 	
  

 	
  

 	
  

 	
 Additional $154.73*

 



140









	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service or Element Description:

 	
  

 	
 Recurring Charges:

 	
  

 	
 Non-Recurring Charge:

 
	

 


 	
  

 	

 


 	
  

 	

 


 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 XIII.
 Signaling and Databases

 	
  

 	
  

 	
  

 	
  

 
	
 1. STP Port

 	
  

 	
  

 	
  

 	
  

 
	
 Termination

 	
  

 	
 $604.28/Month

 	
  

 	
 $95.29/Port

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Access

 	
  

 	
 $.43/Mile/Month

 	
  

 	
 $1.06/Service Order

 
	
  

 	
  

 	
  

 	
  

 	
 $277.36/Initial Facility & 

 
	
  

 	
  

 	
  

 	
  

 	
 $24.29/Additional Facility

 
	
  

 	
  

 	
  

 	
  

 	
 $1.34/ Disconnect/ Link

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 2. 800/888/877
 Database

 	
  

 	
  

 	
  

 	
  

 
	
 Basic
 Query

 	
  

 	
 $.000817/Query

 	
  

 	
 Not Applicable

 
	
 Vertical
 Query

 	
  

 	
 $.000324/Query

 	
  

 	
 Not Applicable

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 3. LIDB
 Validation

 	
  

 	
  

 	
  

 	
  

 
	
 LIDB Point
 Codes

 	
  

 	
 Not Applicable

 	
  

 	
 $86.87/Point Code

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Calling
 Card

 	
  

 	
 $.015620/Query

 	
  

 	
 Not Applicable

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Billed
 Number Screening

 	
  

 	
 $.015620/Query

 	
  

 	
 Not Applicable

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Storage of
 D&E’s Data in LIDB Database

 	
  

 	
 Not Applicable

 	
  

 	
 $1,487.64 Service Establishment

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 4. AIN Service
 Creation (ASC) Service Developmental Charges

 	
  

 	
  

 	
  

 	
  

 
	
 Service
 Establishment

 	
  

 	
 Not Applicable

 	
  

 	
 $894.74

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service Creation
 Access Port

 	
  

 	
 $113.97/Port/Month

 	
  

 	
 Not Applicable

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service Creation
 Usage

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 a. Remote
 Access

 	
  

 	
 $1,218.44/Day

 	
  

 	
 Not Applicable

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 b.
 On-Premise

 	
  

 	
 $1,218.44/Day

 	
  

 	
 Not Applicable

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Certification
 & Testing

 	
  

 	
 $78.00/Hour

 	
  

 	
 Not Applicable

 


141









	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service or Element Description:

 	
  

 	
 Recurring Charges:

 	
  

 	
 Non-Recurring Charge:

 
	

 


 	
  

 	

 


 	
  

 	

 


 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Help Desk Support

 	
  

 	
 $82.55/Hour

 	
  

 	
 Not Applicable

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 5. Service
 Charges

 	
  

 	
  

 	
  

 	
  

 
	
 Subscription
 Charge

 	
  

 	
 $5.25/Month

 	
  

 	
 Not Applicable

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Database Queries

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 a. Network
 Query

 	
  

 	
 $.0006/Query

 	
  

 	
 Not Applicable

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 b. D&E
 Network Query

 	
  

 	
 $.0006/Query

 	
  

 	
 Not Applicable

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 c. D&E
 Switch Query

 	
  

 	
 $.0006/Query

 	
  

 	
 Not Applicable

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Trigger Charge

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 a. Line
 Based

 	
  

 	
 $.0009/Query

 	
  

 	
 Not Applicable

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 b. Office
 Based

 	
  

 	
 $.0009/Query

 	
  

 	
 Not Applicable

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Utilization
 Element

 	
  

 	
 $.0003/Query

 	
  

 	
 Not Applicable

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service
 Activation Charge

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 a. Network
 Service Activation

 	
  

 	
 Not Applicable

 	
  

 	
 $8.48/Service Activated/Line

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 b. D&E
 Network Service Activation

 	
  

 	
 Not Applicable

 	
  

 	
 $8.48/Service Activated/Line

 


142









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service or
 Element Description:

 	
  

 	
 Recurring
 Charges: 

 	
  

 	
 Non-Recurring
 Charge:

 
	

 


 	
  

 	

 


 	
  

 	

 


 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 c. D&E Switch Service Activation

 	
  

 	
 Not Applicable

 	
  

 	
 $8.48/Service

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 Activated/Line

 
	
  

 	
 Service Modification

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 DTMF Update

 	
  

 	
 $.09/Occurrence

 	
  

 	
 Not Applicable

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 Switch Based Announcement

 	
  

 	
 $.004/Announcement

 	
  

 	
 Not Applicable

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 XIV. Network
 Interface Device (NID)

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 2-wire NID

 	
  

 	
 $.64*/Month

 	
  

 	
 Not Applicable

 
	
  

 	
 4-wire NID

 	
  

 	
 $.64*/Month

 	
  

 	
 Not Applicable

 
	
  

 	
 DS1 NID

 	
  

 	
 $3.81*

 	
  

 	
 Not Applicable

 
	
  

 	
 NID - 2 Wire per NID/month -
 NID-to-NID

 	
  

 	
 $0.64*

 	
  

 	
  

 
	
  

 	
 NID - 4 Wire per NID/month -
 NID-to-NID

 	
  

 	
 $0.64*

 	
  

 	
  

 
	
  

 	
 NID - Shared NID (multiple loops
 in a single NID)

 	
  

 	
 TBD

 	
  

 	
  

 
	
  

 	
 Service Call Dispatch

 	
  

 	
 $25.56*

 	
  

 	
  

 
	
  

 	
 Each 15 minutes (period or part)

 	
  

 	
 $12.25*

 	
  

 	
  

 



143









	
  

 	
  

 	
  

 	
  

 
	
 C. RESALE13

 	
  

 	
  

 
	
 I. Wholesale
 Discount for Resale of Retail

 	
  

 	
  

 
	
 Telecommunications
 Services14

 	
  

 	
  

 
	
  

 	
 Resale of retail services if
 D&E provides own operator services platform

 	
  

 	
 25.69%

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 Resale of retail services if
 D&E uses Verizon operator services platform

 	
  

 	
 23.43%

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 Resale of Residential Verizon
 Retail Telecommunications

 	
  

 	
 Discount as per Verizon Tariff
 PA. P.U.C.-No. 1, §1, ¶ 8.1, (D) [in Density Cells 3 & 4], between
 January 1, 2000 and the later of (a) October 1, 2000 or (b) the date upon
 which the FCC approves an application of Verizon’s Section 271 (d) (1) under
 the Act

 






	
  

 	
  

 
	

 


 
	
 13 All rates and charges specified
 herein are pertaining to the Resale Attachment. 

 



            In
compliance with the FCC Order approving the Merger of GTE Corporation and Bell
Atlantic (CC Docket No. 98-1840), Verizon will offer limited duration
promotional discounts on resold residential exchange access lines. The terms
and conditions on which these promotional discounts are being made available
can be found on Verizon’s web site, at http://www.verizon.com/wise for
former GTE service areas and former Bell Atlantic service areas. 


14 Excludes telecommunications services designed primarily for
wholesale, such as switched and special exchange access service, and, subject
to the provisions of the Resale Attachment, the following additional
arrangements that are not subject to resale: limited duration (90 days or less) promotional offerings,
public coin telephone service, and technical and market trials. Taxes shall be
collected and remitted by the reseller and Verizon in accordance with legal
requirements and as agreed between the Parties. Surcharges (e.g., 911,
telecommunications relay service, universal service fund) shall be collected by
the reseller and either remitted to the recipient agency or NECA, or passed
through to Verizon for remittance to the recipient agency or NECA, as
appropriate and agreed between the Parties. End user common line charges shall
be collected by the reseller and remitted to Verizon.


144





 


	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service or
 Element Description:

 	
  

 	
 Recurring
 Charges:

 	
  

 	
 Non-Recurring
 Charge:

 
	

 


 	
  

 	

 


 	
  

 	

 


 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 D. OPERATIONS
 SUPPORT SYSTEM

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 1.

 	
 Pre-Ordering

 	
  

 	
 $.23/Query

 	
  

 	
 Not Applicable

 
	
  

 	
 2.

 	
 Ordering

 	
  

 	
 $3.35/Transaction

 	
  

 	
 Not Applicable

 
	
  

 	
 3.

 	
 Provisioning

 	
  

 	
 Included in Ordering

 	
  

 	
 Not Applicable

 
	
  

 	
 4.

 	
 Maintenance
 & Repair

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
   a.
 ECG Access

 	
  

 	
 $.23/Query

 	
  

 	
 Not Applicable

 
	
  

 	
  

 	
   b.
 EB/OSI Access

 	
  

 	
 $1.17/Trouble Ticket

 	
  

 	
 Not Applicable

 
	
  

 	
 5.

 	
 Billing

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
   a.
 CD-ROM

 	
  

 	
 $249.56/CD-ROM

 	
  

 	
 Not Applicable

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
   b.
 Daily Usage File

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 b.1. Existing
 Message Recording

 	
  

 	
 $.000261/Message

 	
  

 	
 Not Applicable

 
	
  

 	
  

 	
  

 	
 b.2. Delivery of
 DUF

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 Data Tape

 	
  

 	
 $17.34/Tape

 	
  

 	
 $62.13/Programming Hour

 
	
  

 	
  

 	
  

 	
  

 	
 Network Data Mover

 	
  

 	
 $.000095/Message

 	
  

 	
 Not Applicable

 
	
  

 	
  

 	
  

 	
  

 	
 CMDS

 	
  

 	
 $.000095/Message

 	
  

 	
 $62.13/Programming Hour

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 b.3. DUF
 Transport

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 9.6 kb Communications Port

 	
  

 	
 $10.37/Month

 	
  

 	
 $7,527.00/Port

 
	
  

 	
  

 	
  

 	
  

 	
 56 kb Communications Port

 	
  

 	
 $28.63/Month

 	
  

 	
 $31,149.87/Port

 
	
  

 	
  

 	
  

 	
  

 	
 256 kb Communications Port

 	
  

 	
 $28.63/Month

 	
  

 	
 $51,854.42/Port

 
	
  

 	
  

 	
  

 	
  

 	
 T1 Communications Port

 	
  

 	
 $363.64/Month

 	
  

 	
 $185,031.55/Port

 
	
  

 	
  

 	
  

 	
  

 	
 Line Installation

 	
  

 	
 Not Applicable

 	
  

 	
 $62.13/Programming Hour/Port

 
	
  

 	
  

 	
  

 	
  

 	
 Port Set-up

 	
  

 	
 Not Applicable

 	
  

 	
 $9.97/Port

 
	
  

 	
  

 	
  

 	
  

 	
 Network Control Programming
 Coding

 	
  

 	
 Not Applicable

 	
  

 	
 $62.13/Programming Hour/Port

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 E. 911/E911

 	
  

 	
 Access pass-through to number
 portability purchaser

 
	
  

 	
 Transport

 	
  

 	
 Per section B. above.

 
	
  

 	
 Data Entry and Maintenance

 	
  

 	
 No Charge

 


145









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service or
 Element Description:

 	
  

 	
 Recurring
 Charges:

 	
  

 	
 Non-Recurring
 Charge:

 
	

 


 	
  

 	

 


 	
  

 	

 


 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 F.

 	
 TIME AND
 MATERIALS

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 Special Construction

 	
  

 	
 As applicable per Verizon-PA PUC
 1 sec. 9

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 Service Technician (service work
 on unbundled loops outside of the Central Office)

 	
  

 	
 Not Applicable

 	
  

 	
 $1.06/Service Order
 $25.56/Premises Visit $12.25 Labor Charge/ Quarter Hour After First Quarter
 Hour

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 Central Office Technician

 	
  

 	
 Not Applicable

 	
  

 	
 $1.06/Service Order $10.54 Labor
 Charge/ Quarter Hour or Fraction Thereof

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 G.

 	
 CUSTOMIZED
 ROUTING

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 To Reseller Platform

 	
  

 	
 $.13769/Line/Month

 	
  

 	
 $3.89/Line

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 To Verizon Platform for
 Re-Branding

 	
  

 	
 $.068849/Call

 	
  

 	
 $3.89/Line

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 Customized Routing Transport

 	
  

 	
 Per section B. above.

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 H.

 	
 DIRECTORY
 LISTINGS & BOOKS

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 Primary Listing (on initial UNE
 service order). For each residence telephone number, two (2) listings in the
 White Page directory are provided. For each business telephone number listed
 (except numbers of Centrex or Centrex-like services or indialing service
 station lines) one (1) listing is provided in the White Page Directory and
 one (1) listing in the Yellow Page directory of the type provided to
 Verizon-PA end user business customers for which no specific charge applies.

 	
  

 	
 Not Applicable

 	
  

 	
 Not Applicable

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 Other Tariffed Listing Services
 (For listings ordered in excess of the primary listings provided or other
 listing types, or listings ordered at a time other than initial UNE service
 order, or listings ordered not associated with a UNE service order.)

 	
  

 	
 Retail rates less wholesale
 discount. For retail rates see Verizon-PA tariff No. 1 sec. 5.B.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 Books & delivery (annual home
 area directories only)

 	
  

 	
 No charge for normal numbers of
 books delivered to end users; bulk deliveries to D&E per separate
 arrangement

 


146





LOCAL TRAFFIC TERMINATION RATES


	
  

 	
  

 	
  

 
	
 A.

 	
 Charges by Verizon

 
	
  

 	
  

 	
  

 
	
  

 	
 (a)

 	
 Traffic delivered to Verizon
 Access Tandem: $.002814 per mou.

 
	
  

 	
  

 	
  

 
	
  

 	
 (b)

 	
 Traffic delivered directly to
 terminating Verizon End Office: $.001723 per mou. 

 
	
  

 	
  

 	
  

 
	
 B.

 	
 Charges by D&E 

 
	
  

 	
  

 	
  

 
	
 1.

 	
 Single-tiered interconnection
 structure:

 
	
  

 	
  

 	
  

 
	
  

 	
 D&E’s rates for the
 termination of Verizon’s Local Traffic under the single-tiered
 interconnection structure shall be recalculated once each year on each
 anniversary of the Effective Date (the “Rate Determination Date”). The
 methodology for recalculating the rates is as follows:

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Access
 Tandem Minutes = Total minutes of use of Local Traffic delivered
 by D&E to Verizon Access Tandem for most recent billed quarter. 

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 End Office
 Minutes = Total minutes of use Local Traffic delivered by
 D&E directly to the terminating Verizon End Office for most recent billed
 quarter. 

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Total Minutes = Total
 minutes of use of Local Traffic delivered by D&E to Verizon for most
 recent billed quarter.

 
	
  

 	
  

 	
  

 
	
  

 	
 D&E Charge at the D&E-IP
 =

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 (Access Tandem Minutes x $.002814) + (End Office Minutes x $.001723)

 
	
  

 	
  

 	

 

 
	
  

 	
  

 	
 Total Minutes

 
	
  

 	
  

 	
  

 
	
  

 	
 For the first year after the
 Effective Date, the D&E charge shall be calculated based on the traffic
 data of the quarter immediately preceding such Effective Date, or if no such
 traffic exists, on the proportion of Reciprocal Compensation Traffictermination
 trunks to Verizon End Offices and to Verizon Access Tandems. 

 
	
  

 	
  

 	
  

 
	
 2.

 	
 Multiple-tiered interconnection
 structure (if offered by D&E to any carrier) 

 
	
  

 	
  

 	
  

 
	
  

 	
 (a) Local Traffic delivered to
 D&E Access Tandem: $.002814 

 
	
  

 	
  

 	
  

 
	
  

 	
 (b) Local Traffic delivered to
 terminating D&E End Office/node: $.001723 

 
	
  

 	
  

 	
  

 
	
 C.

 	
 Miscellaneous Notes

 



1.      The
D&E termination rate under the single-tiered interconnection structure set
forth above is intended to be a Local Traffic termination rate for
Interconnection to the D&E-IP within each LATA that is reciprocal and equal
to the actual rates that will be charged by Verizon to D&E under the
two-tiered Local Traffic termination rate structure described above that will
apply after the first anniversary of the Effective Date. The single D&E
termination rate is also intended to provide financial incentives to D&E to
deliver traffic directly to Verizon’s terminating End Offices once D&E’s
traffic volumes reach an appropriate threshold. 


147