EXHIBIT 10.72


AGREEMENT


by and between


NUI TELECOM, INC.


and


VERIZON WASHINGTON, DC INC.


FOR THE DISTRICT OF


COLUMBIA





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 NUI

 	
  

 	
 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

 


2









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 26.

 	
  

 	
 Network
 Management

 	
  

 	
 15

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 27.

 	
  

 	
 Non-Exclusive
 Remedies

 	
  

 	
 16

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 28.

 	
  

 	
 Notice
 of Network Changes

 	
  

 	
 16

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 29.

 	
  

 	
 Notices

 	
  

 	
 16

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 30.

 	
  

 	
 Ordering
 and Maintenance

 	
  

 	
 17

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 31.

 	
  

 	
 Performance
 Standards

 	
  

 	
 18

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 32.

 	
  

 	
 Point
 of Contact for NUI Customers

 	
  

 	
 18

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 33.

 	
  

 	
 Predecessor
 Agreements

 	
  

 	
 18

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 34.

 	
  

 	
 Publicity
 and Use of Trademarks or Service Marks

 	
  

 	
 19

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 35.

 	
  

 	
 References

 	
  

 	
 19

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 36.

 	
  

 	
 Relationship
 of the Parties

 	
  

 	
 19

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 37.

 	
  

 	
 Reservation
 of Rights

 	
  

 	
 20

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 38.

 	
  

 	
 Subcontractors

 	
  

 	
 20

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 39.

 	
  

 	
 Successors
 and Assigns

 	
  

 	
 20

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 40.

 	
  

 	
 Survival

 	
  

 	
 20

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 41.

 	
  

 	
 Taxes

 	
  

 	
 21

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 42.

 	
  

 	
 Technology
 Upgrades

 	
  

 	
 23

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 43.

 	
  

 	
 Territory

 	
  

 	
 23

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 44.

 	
  

 	
 Third
 Party Beneficiaries

 	
  

 	
 23

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 45.

 	
  

 	
 251
 and 271 Requirements

 	
  

 	
 23

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 46.

 	
  

 	
 252(i)
 Obligations

 	
  

 	
 23

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 47.

 	
  

 	
 Use
 of Service

 	
  

 	
 24

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 48.

 	
  

 	
 Waiver

 	
  

 	
 24

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 49.

 	
  

 	
 Warranties

 	
  

 	
 24

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 50.

 	
  

 	
 Withdrawal
 of Services

 	
  

 	
 24

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 SIGNATURE
 PAGE

 	
  

 	
 26

 
	
  

 	
  

 	
  

 
	
 GLOSSARY

 	
  

 	
 27

 
	
  

 	
  

 	
  

 
	
  

 	
 1.

 	
  

 	
 General
 Rule

 	
  

 	
 27

 


3









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 2.

 	
  

 	
 Definitions

 	
  

 	
 27

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 ADDITIONAL
 SERVICES ATTACHMENT

 	
  

 	
 40

 
	
  

 	
  

 	
  

 
	
  

 	
 1.

 	
  

 	
 Alternate
 Billed Calls

 	
  

 	
 40

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 2.

 	
  

 	
 Dialing
 Parity - Section 251(b)(3)

 	
  

 	
 40

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 3.

 	
  

 	
 Directory
 Assistance (DA) and Operator Services (OS)

 	
  

 	
 40

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 4.

 	
  

 	
 Directory
 Listing and Directory Distribution

 	
  

 	
 40

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 5.

 	
  

 	
 Voice
 Information Service Traffic

 	
  

 	
 42

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 6.

 	
  

 	
 Intercept
 and Referral Announcements

 	
  

 	
 43

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 7.

 	
  

 	
 Originating
 Line Number Screening (OLNS)

 	
  

 	
 43

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 8.

 	
  

 	
 Operations
 Support Systems (OSS) Services

 	
  

 	
 43

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 9.

 	
  

 	
 Poles,
 Ducts, Conduits and Rights-of-Way

 	
  

 	
 49

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 10.

 	
  

 	
 Telephone
 Numbers

 	
  

 	
 50

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 11.

 	
  

 	
 Routing
 for Operator Services and Directory Assistance Traffic

 	
  

 	
 51

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 INTERCONNECTION
 ATTACHMENT

 	
  

 	
 52

 
	
  

 	
  

 	
  

 
	
  

 	
 1.

 	
  

 	
 General

 	
  

 	
 52

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 2.

 	
  

 	
 Methods
 for Interconnection and Trunk Types

 	
  

 	
 52

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 3.

 	
  

 	
 Alternative
 Interconnection Arrangements

 	
  

 	
 58

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 4.

 	
  

 	
 Initiating
 Interconnection

 	
  

 	
 58

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 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

 	
  

 	
 64

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 10.

 	
  

 	
 Meet-Point
 Billing Arrangements

 	
  

 	
 65

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 11.

 	
  

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

 	
  

 	
 68

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 12.

 	
  

 	
 Tandem
 Transit Traffic

 	
  

 	
 69

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 13.

 	
  

 	
 Number
 Resources, Rate Center Areas and Routing Points

 	
  

 	
 70

 


4









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 14.

 	
  

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

 	
  

 	
 70

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 15.

 	
  

 	
 Number
 Portability - Section 251(B)(2)

 	
  

 	
 72

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 RESALE
 ATTACHMENT

 	
  

 	
 76

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 1.

 	
  

 	
 General

 	
  

 	
 76

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 2.

 	
  

 	
 Use
 of Verizon Telecommunications Services

 	
  

 	
 76

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 3.

 	
  

 	
 Availability
 of Verizon Telecommunications Services

 	
  

 	
 77

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 4.

 	
  

 	
 Responsibility
 for Charges

 	
  

 	
 77

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 5.

 	
  

 	
 Operations
 Matters

 	
  

 	
 77

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 6.

 	
  

 	
 Rates
 and Charges

 	
  

 	
 78

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 NETWORK
 ELEMENTS ATTACHMENT

 	
  

 	
 79

 
	
  

 	
  

 	
  

 
	
  

 	
 1.

 	
  

 	
 General

 	
  

 	
 79

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 2.

 	
  

 	
 Verizon’s
 Provision of Network Elements

 	
  

 	
 80

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 3.

 	
  

 	
 Loop
 Transmission Types

 	
  

 	
 81

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 4.

 	
  

 	
 Line
 Sharing

 	
  

 	
 89

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 5.

 	
  

 	
 Line
 Splitting

 	
  

 	
 96

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 6.

 	
  

 	
 Sub
 - Loop

 	
  

 	
 96

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 7.

 	
  

 	
 Inside
 Wire

 	
  

 	
 100

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 8.

 	
  

 	
 Dark
 Fiber

 	
  

 	
 101

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 9.

 	
  

 	
 Network
 Interface Device

 	
  

 	
 104

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 10.

 	
  

 	
 Unbundled
 Switching Elements

 	
  

 	
 105

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 11.

 	
  

 	
 Unbundled
 Interoffice Facilities

 	
  

 	
 106

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 12.

 	
  

 	
 Signaling
 Networks and Call-Related Databases

 	
  

 	
 106

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 13.

 	
  

 	
 Operations
 Support Systems

 	
  

 	
 108

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 14.

 	
  

 	
 Availability
 of Other Network Elements on an Unbundled Basis

 	
  

 	
 108

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 15.

 	
  

 	
 Maintenance
 of Network Elements

 	
  

 	
 109

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 16.

 	
  

 	
 Combinations

 	
  

 	
 110

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 17.

 	
  

 	
 Rates
 and Charges

 	
  

 	
 110

 


5









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 COLLOCATION
 ATTACHMENT

 	
  

 	
 111

 
	
  

 	
  

 	
  

 
	
  

 	
 1.

 	
  

 	
 Verizon’s
 Provision of Collocation

 	
  

 	
 111

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 2.

 	
  

 	
 NUI’s
 Provision of Collocation

 	
  

 	
 111

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 911
 ATTACHMENT

 	
  

 	
 112

 
	
  

 	
  

 	
  

 
	
  

 	
 1.

 	
  

 	
 911/E-911
 Arrangements

 	
  

 	
 112

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 2.

 	
  

 	
 Electronic
 Interface

 	
  

 	
 112

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 3.

 	
  

 	
 911
 Interconnection

 	
  

 	
 113

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 4.

 	
  

 	
 911
 Facilities

 	
  

 	
 113

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 5.

 	
  

 	
 Local
 Number Portability for use with 911

 	
  

 	
 113

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 6.

 	
  

 	
 PSAP
 Coordination

 	
  

 	
 113

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 7.

 	
  

 	
 911
 Compensation

 	
  

 	
 113

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 8.

 	
  

 	
 911
 Rules and Regulations

 	
  

 	
 113

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 PRICING
 ATTACHMENT

 	
  

 	
 114

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 1.

 	
  

 	
 General

 	
  

 	
 114

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 2.

 	
  

 	
 Verizon
 Telecommunications Services Provided to NUI for Resale Pursuant to the Resale
 Attachment

 	
  

 	
 114

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 3.

 	
  

 	
 NUI
 Prices

 	
  

 	
 116

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 4.

 	
  

 	
 Section
 271

 	
  

 	
 116

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 5.

 	
  

 	
 Regulatory
 Review of Prices

 	
  

 	
 116

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 APPENDIX
 A TO THE PRICING ATTACHMENT

 	
  

 	
 118

 


6






AGREEMENT


PREFACE


This Agreement (“Agreement”) shall be deemed effective as of September
20, 2002 (the “Effective Date”), between NUI
Telecom, Inc. (“NUI”), a corporation organized under the laws of the State of New Jersey, with offices at 550 Route
202-206, Bedminster, NJ 07921 and Verizon Washington, DC Inc. (“Verizon”), a corporation organized under the laws
of the State of New York with
offices at 1710 H Street N.W., Washington, DC 20006 (Verizon and NUI may be
referred to hereinafter, each,
individually as a “Party”, and, collectively, as the “Parties”).


GENERAL TERMS
AND CONDITIONS


In consideration of the mutual promises
contained in this Agreement, and intending to be legally bound, pursuant
to Section 252 of the Act, Verizon and NUI 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 into and
 made a part of this Agreement by reference); and, (c) an Order by a Party
 that has been accepted by the other Party.

 
	
  

 	
  

 	
  

 
	
  

 	
 1.2

 	
 Except
 as otherwise expressly provided in the Principal Document (including, but not limited
 to, the Pricing Attachment), conflicts among provisions in the Principal Document,
 Tariffs, and an Order by a Party that 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 19, 2004 (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
 NUI 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.

 


1









	
  

 	
  

 	
  

 
	
  

 	
 2.3

 	
 If either NUI or
 Verizon provides notice of termination pursuant to Section 2.2 and on or before the proposed date of
 termination either NUI or Verizon has 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 NUI and Verizon; or, (b) the date one (1) year after
 the proposed date of termination.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.4

 	
 If either NUI 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 NUI 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 Statement of Generally
 Available Terms (SGAT).

 
	
  

 	
  

 	
  

 
	
 3.

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

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Additional
 Services Attachment

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Interconnection
 Attachment

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Resale Attachment

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Network Elements 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 District
 of Columbia, 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. If within thirty (30) days of the effective date of such decision,
 determination, action or change, the Parties are unable to agree in writing
 upon mutually acceptable revisions
 to this Agreement, 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, without first pursuing dispute
 resolution in accordance with Section 14 of this Agreement.

 
	
  

 	
  

 	
  

 
	
  

 	
 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 NUI
 hereunder, then Verizon may discontinue the provision of any such Service, payment or benefit, and NUI
 shall reimburse Verizon for any payment previously made by Verizon to
 NUI that was not required by Applicable Law.
 Verizon will provide thirty (30) days prior written notice to NUI 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, NUI 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 NUI (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 NUI 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

 


3









	
  

 	
  

 	
  

 
	
  

 	
  

 	
 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 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 NUI 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 NUI in respect of any amounts to be paid by NUI 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, NUI shall provide a replacement or supplemental letter
 of credit or cash deposit conforming to the requirements
 of Section 6.3

 
	
  

 	
  

 	
  

 
	
  

 	
 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 NUI 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 NUI 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 

 


4









	
  

 	
  

 	
  

 
	
  

 	
  

 	
 acceptable to the Audited Party. Prior to commencing the audit, the
 accountants shall execute an agreement with the Audited Party
 in a form reasonably acceptable to the Audited Party that protects the
 confidentiality of the information disclosed by the Audited Party
 to the accountants. The audit shall take place at a time and place agreed
 upon by the Parties; provided, that the Auditing Party may require
 that the audit commence no later than sixty (60) days after the Auditing Party
 has given notice of the audit to the Audited Party.

 
	
  

 	
  

 	
  

 
	
  

 	
 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 State of New York and has full power
 and authority to execute and deliver this Agreement and to perform its obligations
 under this Agreement.

 
	
  

 	
  

 	
  

 
	
  

 	
 8.2

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

 
	
  

 	
  

 	
  

 
	
  

 	
 8.3

 	
 NUI Certification.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Notwithstanding any other provision of this Agreement, Verizon shall
 have no obligation to perform under this Agreement until such time as NUI has
 obtained such FCC and Commission authorization as may be required by
 Applicable Law for conducting business in the District of
 Columbia. NUI shall not place any orders under this Agreement until
 it has obtained such authorization. NUI 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 dispute
 prospectively with a single notice a class of charges that it disputes.

 


5









	
  

 	
  

 	
  

 
	
  

 	
  

 	
 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);

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 10.1.4

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

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 10.1.5

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

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 10.1.6

 	
 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”.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 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 10.1.5 or 10.1.6.

 


6









	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 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

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 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.

 


7









	
  

 	
  

 	
  

 
	
  

 	
 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 NUI

 
	
  

 	
  

 	
  

 
	
  

 	
 13.1

 	
 If NUI 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, NUI shall send written notice of such discontinuance to Verizon, the
 Commission, and each of NUI’s Customers. NUI 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, NUI shall send such notice at
 least thirty (30) days prior to its discontinuance of service.

 
	
  

 	
  

 	
  

 
	
  

 	
 13.2

 	
 Such notice must
 advise each NUI Customer that unless action is taken by the NUI Customer to
 switch to a different carrier prior to NUI’s proposed

 


8









	
  

 	
  

 	
  

 
	
  

 	
  

 	
 discontinuance of
 service, the NUI Customer will be without the service provided by NUI to the
 NUI Customer.

 
	
  

 	
  

 	
  

 
	
  

 	
 13.3

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

 
	
  

 	
  

 	
  

 
	
  

 	
 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.

 


9









	
  

 	
  

 	
  

 	
  

 
	
  

 	
 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, NUI
 shall provide to Verizon forecasts regarding the Services that NUI expects to
 purchase from Verizon, including, but not limited to, forecasts regarding the
 types and volumes of Services that NUI expects to purchase and the locations
 where such Services will be purchased.

 
	
  

 	
  

 
	
 17.

 	
 Fraud

 
	
  

 	
  

 
	
  

 	
 NUI assumes
 responsibility for all fraud associated with its Customers and accounts.
 Verizon shall bear no responsibility for, and shall have no obligation to
 investigate or make adjustments to NUI’s account in cases of, fraud by NUI’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 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 (excluding the
 Indemnified Party) 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.

 


10









	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 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 20.2.3 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 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.

 


11









	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 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

 	
 NUI 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, NUI 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

 	
 Commercial Motor Vehicle Liability Insurance 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
 Insurance, 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 NUI’s real and personal property located at any
 Collocation site or 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 NUI.

 
	
  

 	
  

 	
  

 
	
  

 	
 21.3

 	
 NUI shall name
 Verizon and Verizon’s Affiliates as additional insureds on the foregoing
 liability insurance.

 


12









	
  

 	
  

 	
  

 
	
  

 	
 21.4

 	
 NUI
 shall, within two (2) weeks of the Effective Date hereof at the time of each renewal of,
 or material change in, NUI ‘s insurance policies, 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 - Contract Performance
 & Administration, Verizon Wholesale Markets, 600 Hidden Ridge, HQEWMNOTICES,
 Irving. TX 75038.

 
	
  

 	
  

 	
  

 
	
  

 	
 21.5

 	
 NUI
 shall require its contractors, if any, that may enter upon the premises or access the
 facilities or equipment of Verizon or Verizon’s affiliates 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
 NUI or NUI’s contractors fail to maintain insurance as required in Sections
 21.1 through 21.5, above, Verizon may (but shall not be
 obligated to) purchase such insurance and NUI shall
 reimburse Verizon for the cost of the insurance.

 
	
  

 	
  

 	
  

 
	
  

 	
 21.7

 	
 Certificates
 furnished by NUI or NUI’s contractors shall contain a clause stating:
 “Verizon Washington, DC 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 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

 	
 NUI
 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

 


13









	
  

 	
  

 	
  

 
	
  

 	
  

 	
 agreements)
 between Verizon and Verizon’s vendors. Verizon agrees to advise NUI, directly
 or through a third party, of any such terms, conditions or restrictions that
 may limit any NUI use of a Service provided by Verizon that is otherwise
 permitted by this Agreement. At NUI’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 NUI 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. NUI 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

 
	
  

 	
  

 	
  

 
	
  

 	
 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

 


14









	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 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.

 
	
  

 	
  

 	
  

 
	
  

 	
 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. NUI 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 subject
 to Section 17, to minimize

 


15









	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 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

 
	
  

 	
  

 	
  

 
	
  

 	
 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:

 


16









	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 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, or (d) by facsimile telecopy, 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 NUI:

 	
  

 
	
  

 	
  

 	
 Richard Boudria

 
	
  

 	
  

 	
 550 Route 202-206

 
	
  

 	
  

 	
 Bedminster, NJ
 07921

 
	
  

 	
  

 	
 Telephone Number:
 (908) 470-4700 

 
	
  

 	
  

 	
 Facsimile Number:
 (908) 470-4707 

 
	
  

 	
  

 	
 Internet Address: tmurphy@nuitele.com

 
	
  

 
	
  

 	
 To Verizon:

 	
  

 
	
  

 
	
  

 	
  

 	
 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

 
	
  

 	
  

 	
 1515 North Court
 House Road

 
	
  

 	
  

 	
 Suite 500

 
	
  

 	
  

 	
 Arlington, VA
 22201

 
	
  

 	
  

 	
 Facsimile:
 703-351-3664

 
	
  

 	
  

 	
  

 
	
  

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

 
	
  

 	
  

 
	
  

 	
 Notices will be
 deemed given as of the earlier of (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 via 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, and (e) where the notice is sent via facsimile telecopy, if the
 notice is sent on a Business Day and before 5 PM. in the time zone where it
 is received, on the date set forth on the telecopy confirmation, or if the
 notice is sent on a non-Business Day or if the notice is sent after 5 PM in
 the time zone where it is received, the next Business Day after the date set
 forth on the telecopy confirmation.

 






	
  

 	
  

 
	
 30.

 	
 Ordering
 and Maintenance

 
	
  

 	
  

 
	
  

 	
 NUI 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

 


17









	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 yet deployed an
 electronic capability for NUI to perform a pre-ordering, ordering,
 provisioning, maintenance or repair, transaction offered by Verizon, NUI
 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.

 
	
  

 	
  

 	
  

 
	
  

 	
 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 NUI.

 
	
  

 	
  

 	
  

 
	
  

 	
 31.3

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

 
	
  

 	
  

 
	
 32.

 	
 Point
 of Contact for NUI Customers

 
	
  

 	
  

 	
  

 
	
  

 	
 32.1

 	
 NUI shall
 establish telephone numbers and mailing addresses at which NUI Customers may
 communicate with NUI and shall advise NUI 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 NUI Customer, including, but not
 limited to, a NUI Customer request for repair or maintenance of a Verizon
 Service provided to NUI.

 
	
  

 	
  

 
	
 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 District of
 Columbia 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 District of
 Columbia 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

 


18









	
  

 	
  

 	
  

 
	
  

 	
  

 	
 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 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

 


19









	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 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.

 
	
  

 	
  

 
	
 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

 	
 NUI acknowledges
 NUI 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

 


20









	
  

 	
  

 	
  

 
	
  

 	
 (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

 
	
  

 	
  

 	
  

 
	
  

 	
 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 from the Purchasing Party and the Providing
 Party fails to bill the Purchasing Party for 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 unbilled Tax and (b) the
 Providing Party shall be liable for any interest assessed thereon and any
 penalty assessed with respect to such unbilled 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

 


21









	
  

 	
  

 	
  

 
	
  

 	
  

 	
 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 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 basis 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 NUI:

 	
  

 


22









	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Tom Murphy

 
	
  

 	
  

 	
 550 Route 202-206

 
	
  

 	
  

 	
 Bedminster, New
 Jersey 07921

 
	
  

 	
  

 	
  

 
	
  

 	
 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.

 






	
  

 	
  

 	
  

 
	
 42.

 	
 Technology
 Upgrades

 
	
  

 	
  

 
	
  

 	
 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 NUI’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. NUI
 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 District of Columbia. Verizon shall be obligated to
 provide Services under this Agreement only within this territory.

 
	
  

 	
  

 	
  

 
	
  

 	
 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 NUI with at least 90 calendar days prior
 written notice of such termination, which shall be effective upon the date
 specified in the notice.

 
	
  

 	
  

 
	
 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

 


23









	
  

 	
  

 	
  

 
	
  

 	
 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

 	
 To the extent that
 the exercise by NUI of any rights it may have under Section 252(i) or the
 Merger Order MFN Provisions results in the rearrangement of Services by
 Verizon, NUI 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
 NUI.

 
	
  

 	
  

 	
  

 
	
  

 	
 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 NUI
 terminate any provision of this Agreement that provides for the payment by
 Verizon to NUI of compensation related to traffic, including, but not limited
 to, Reciprocal Compensation and other types of compensation for termination
 of traffic delivered by Verizon to NUI. Following such termination, except as
 otherwise agreed in writing by the Parties, Verizon shall be obligated to
 provide compensation to NUI 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 NUI 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

 


24









	
  

 	
  

 
	
  

 	
 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.

 


25





SIGNATURE PAGE


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


	
  

 	
  

 	
  

 	
  

 
	
 NUI
 TELECOM, INC.

 	
  

 	
  

 	
 VERIZON
 WASHINGTON, DC INC.

 
	
  

 	
  

 	
  

 	
  

 
	
 By: /s/ Richard
 Boudria

 	
  

 	
  

 	
 By: /s/ Steven J.
 Pitterle

 
	
 

 	
  

 	
  

 	
 

 
	
  

 	
  

 	
  

 	
  

 
	
 Printed: Richard
 Boudria

 	
  

 	
  

 	
 Printed: Steven J.
 Pitterle

 
	
  

 	
  

 	
  

 	
  

 
	
 Title: CEO

 	
  

 	
  

 	
 Title: Director -
 Contract Negotiations

 


26






GLOSSARY


	
  

 	
  

 	
  

 
	
 1.

 	
 General
 Rule

 
	
  

 	
  

 
	
  

 	
 1.1

 	
 The provisions of
 Sections 1.2 through 1.4 and Section 2 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 a term listed in this Glossary is used in
 the Principal Document, the term shall have the meaning 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 in 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, but not limited to, by the Telecommunications Act of 1996).

 
	
  

 	
  

 	
  

 
	
  

 	
 2.2

 	
 Advanced Services.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 As a general
 matter, shall have the meaning set forth by the FCC.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.3

 	
 Affiliate.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Shall have the
 meaning set forth in the Act.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.4

 	
 Agent.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 An agent or
 servant.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.5

 	
 Agreement.

 
	
  

 	
  

 	
  

 
	
  

 	
  

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

 
	
  

 	
  

 	
  

 
	
  

 	
 2.6

 	
 Ancillary Traffic.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 All traffic that
 is destined for ancillary services, or that may have special billing

 


27









	
  

 	
  

 	
  

 
	
  

 	
  

 	
 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 Voice Information
 Services Traffic as described in Section 5 of the Additional Services
 Attachment.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.7

 	
 ANI (Automatic
 Number Identification).

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 The signaling
 parameter that refers to the number transmitted through the network
 identifying the billing number of the calling party.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.8

 	
 Applicable Law.

 
	
  

 	
  

 	
  

 
	
  

 	
  

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

 
	
  

 	
  

 	
  

 
	
  

 	
 2.9

 	
 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.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.10

 	
 BFR (Bona Fide
 Request).

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 The process
 described in the Network Element Attachment that prescribes the terms and
 conditions relating to a Party’s request that the other Party provide a UNE
 that it is not otherwise required to provide under the terms of this
 Agreement.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.11

 	
 Business Day.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Monday through
 Friday, except for holidays observed by Verizon.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.12

 	
 Calendar Quarter.

 
	
  

 	
  

 	
  

 
	
  

 	
  

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

 
	
  

 	
  

 	
  

 
	
  

 	
 2.13

 	
 Calendar Year.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 January through
 December.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.14

 	
 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.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.15

 	
 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.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.16

 	
 Central Office
 Switch.

 


28









	
  

 	
  

 	
  

 
	
  

 	
  

 	
 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 a combination End Office/Tandem Office Switch.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.17

 	
 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).

 
	
  

 	
  

 	
  

 
	
  

 	
 2.18

 	
 CLEC (Competitive
 Local Exchange Carrier).

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Any Local Exchange
 Carrier other than Verizon that is operating as a Local Exchange Carrier in
 the territory in which Verizon operates as an ILEC in the District of
 Columbia. NUI is or shortly will become a CLEC.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.19

 	
 CLLI Codes.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Common Language
 Location Identifier Codes.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.20

 	
 CMDS (Centralized
 Message Distribution System).

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 The billing record
 and clearing house transport system that LECs use to exchange out collects
 and in collects as well as Carrier Access Billing System (CABS) records.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.21

 	
 Commission.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 District of
 Columbia Public Service Commission.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.22

 	
 CPN (Calling Party
 Number).

 
	
  

 	
  

 	
  

 
	
  

 	
  

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

 
	
  

 	
  

 	
  

 
	
  

 	
 2.23

 	
 CPNI (Customer
 Proprietary Network Information).

 
	
  

 	
  

 	
  

 
	
  

 	
  

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

 
	
  

 	
  

 	
  

 
	
  

 	
 2.24

 	
 Cross Connection.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 For a Collocation
 arrangement, the facilities between the collocating Party’s equipment and the
 equipment or facilities of the housing Party (such as the housing Party’s
 digital signal cross connect, Main Distribution Frame, or other suitable
 frame or panel).

 
	
  

 	
  

 	
  

 
	
  

 	
 2.25

 	
 Customer.

 
	
  

 	
  

 	
  

 
	
  

 	
  

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

 
	
  

 	
  

 	
  

 
	
  

 	
 2.26

 	
 Dark Fiber IOF
 (Dark Fiber Interoffice Facility).

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Consists of
 continuous fiber strand(s) that are located within a fiber optic cable
 between either (a) accessible terminals in two Verizon Central Offices or (b)
 an accessible terminal in a Verizon Central Office and an accessible terminal
 in a NUI Central Office, but, in either case, that has not been activated
 through

 


29









	
  

 	
  

 	
  

 
	
  

 	
  

 	
 connection to
 multiplexing, aggregation or other electronics that “light it” and thereby
 render it capable of carrying Telecommunications Services.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.27

 	
 Dark Fiber Loop.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Consists of
 continuous fiber optic strand(s) in a Verizon fiber optic cable between
 Verizon’s accessible terminal, such as the fiber distribution frame, or its
 functional equivalent, located within a Verizon Wire Center, and Verizon’s
 accessible terminal located in Verizon’s main termination point at a Customer
 premises, such as a fiber patch panel, and that has not been activated
 through connection to electronics that “light” it and render it capable of
 carrying Telecommunications Services.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.28

 	
 Dark Fiber
 Sub-Loop.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Consists of
 continuous fiber optic strand(s) in a Verizon fiber optic cable (a) between
 Verizon’s accessible terminal located within a Verizon Wire Center, and
 Verizon’s accessible terminal at a Verizon remote terminal equipment
 enclosure, (b) between Verizon’s accessible terminal at a Verizon remote
 terminal equipment enclosure and Verizon’s accessible terminal located in
 Verizon’s main termination point located within a Customer premises, or (c)
 between Verizon’s accessible terminals at Verizon remote terminal equipment
 enclosures, and that in all cases has not been activated through connection
 to electronics that “light” it and render it capable of carrying
 Telecommunications Services.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.29

 	
 Digital Signal
 Level.

 
	
  

 	
  

 	
  

 
	
  

 	
  

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

 
	
  

 	
  

 	
  

 
	
  

 	
 2.30

 	
 DS0 (Digital
 Signal Level 0).

 
	
  

 	
  

 	
  

 
	
  

 	
  

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

 
	
  

 	
  

 	
  

 
	
  

 	
 2.31

 	
 DS1 (Digital
 Signal Level 1).

 
	
  

 	
  

 	
  

 
	
  

 	
  

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

 
	
  

 	
  

 	
  

 
	
  

 	
 2.32

 	
 DS3 (Digital
 Signal Level 3).

 
	
  

 	
  

 	
  

 
	
  

 	
  

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

 
	
  

 	
  

 	
  

 
	
  

 	
 2.33

 	
 EMI (Exchange
 Message Interface).

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Standard used for
 the interexchange of telecommunications message information between local
 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.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.34

 	
 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.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.35

 	
 Entrance Facility.

 


30









	
  

 	
  

 	
  

 
	
  

 	
  

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

 
	
  

 	
  

 	
  

 
	
  

 	
 2.36

 	
 Exchange Access.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Shall have the
 meaning set forth in the Act.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.37

 	
 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.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.38

 	
 FCC.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 The Federal
 Communications Commission.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.39

 	
 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).

 
	
  

 	
  

 	
  

 
	
  

 	
 2.40

 	
 FCC Regulations.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 The unstayed,
 effective regulations promulgated by the FCC, as amended from time to time.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.41

 	
 House and Riser
 Cable.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 A two-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 NID)
 if the NID is located at such Rate Demarcation Point).

 
	
  

 	
  

 	
  

 
	
  

 	
 2.42

 	
 IDLC (Integrated
 Digital Loop Carrier).

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 A subscriber Loop
 carrier system that integrates within the switch at a DS1 level, which is twenty-four
 (24) Loop transmission paths combined into a 1.544 Mbps digital signal.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.43

 	
 ILEC (Incumbent
 Local Exchange Carrier).

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Shall have the
 meaning stated in the Act.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.44

 	
 Information
 Access.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 The provision of
 specialized exchange telecommunications services in connection with the
 origination, termination, transmission, switching, forwarding or routing of
 telecommunications traffic to or from the facilities of a provider of
 information services, including a provider of Internet access or Internet
 transmission services.

 


31









	
  

 	
  

 	
  

 
	
  

 	
 2.45

 	
 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.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.46

 	
 Internet Traffic.

 
	
  

 	
  

 	
  

 
	
  

 	
  

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

 
	
  

 	
  

 	
  

 
	
  

 	
 2.47

 	
 InterLATA Service.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Shall have the
 meaning set forth in the Act.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.48

 	
 IntraLATA.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Telecommunications
 that originate and terminate within the same LATA.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.49

 	
 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.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.50

 	
 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).

 
	
  

 	
  

 	
  

 
	
  

 	
 2.51

 	
 IXC (Interexchange
 Carrier).

 
	
  

 	
  

 	
  

 
	
  

 	
  

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

 
	
  

 	
  

 	
  

 
	
  

 	
 2.52

 	
 LATA (Local Access
 and Transport Area).

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Shall have the
 meaning set forth in the Act.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.53

 	
 LEC (Local
 Exchange Carrier).

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Shall have the
 meaning set forth in the Act.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.54

 	
 LERG (Local
 Exchange Routing Guide).

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 A Telcordia
 Technologies reference containing NPA/NXX routing and homing information.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.55

 	
 LIDB (Line
 Information Data Base).

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Line Information
 databases which provide, among other things, calling card validation
 functionality for telephone line number cards issued by Verizon and other
 entities and validation data for collect and third number-billed calls (e.g.,

 


32









	
  

 	
  

 	
  

 
	
  

 	
  

 	
 data for billed
 number screening).

 
	
  

 	
  

 	
  

 
	
  

 	
 2.56

 	
 Line Side.

 
	
  

 	
  

 	
  

 
	
  

 	
  

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

 
	
  

 	
  

 	
  

 
	
  

 	
 2.57

 	
 Loop.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 A transmission
 path that extends from a Main Distribution Frame 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.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.58

 	
 LSR (Local Service
 Request).

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 An industry
 standard form, which contains data elements and usage rules, used by the
 Parties to establish, add, change or disconnect resold Telecommunications
 Services and Network Elements.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.59

 	
 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.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.60

 	
 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 by Verizon. 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.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.61

 	
 MECAB (Multiple
 Exchange Carrier Access Billing).

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 A 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.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.62

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

 


33









	
  

 	
  

 	
  

 
	
  

 	
  

 	
 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 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.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.63

 	
 Merger Order.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 The FCC’s Order
 “In re Application of GTE Corporation, Transferor, and Bell Atlantic
 Corporation, Transferee, For Consent to Transfer Control of Domestic and
 International Section 214 and 310 Authorizations and Application to Transfer
 Control 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.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.64

 	
 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 the area code),
 followed by a 3-digit NXX code and 4 digit line number.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.65

 	
 Network Element.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Shall have the
 meaning stated in the Act.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.66

 	
 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 an FCC Part 68 registered jack from which Inside
 Wire may be connected to Verizon’s network.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.67

 	
 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. 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.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.68

 	
 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).

 
	
  

 	
  

 	
  

 
	
  

 	
 2.69

 	
 Order.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 An order or
 application to provide, change or terminate a Service (including, but

 


34









	
  

 	
  

 	
  

 
	
  

 	
  

 	
 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).

 
	
  

 	
  

 	
  

 
	
  

 	
 2.70

 	
 POI (Point of
 Interconnection).

 
	
  

 	
  

 	
  

 
	
  

 	
  

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

 
	
  

 	
  

 	
  

 
	
  

 	
 2.71

 	
 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.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.72

 	
 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

 
	
  

 	
  

 	
  

 
	
  

 	
 2.73

 	
 Providing Party.

 
	
  

 	
  

 	
  

 
	
  

 	
  

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

 
	
  

 	
  

 	
  

 
	
  

 	
 2.74

 	
 Purchasing Party.

 
	
  

 	
  

 	
  

 
	
  

 	
  

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

 
	
  

 	
  

 	
  

 
	
  

 	
 2.75

 	
 Rate Center Area.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 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.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.76

 	
 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 for
 distance-sensitive Telephone Exchange Services and Toll Traffic. Pursuant to
 Telcordia Practice BR-795-100-100, the Rate Center Point may be an End Office
 location, or a “LEC Consortium Point Of Interconnection.”

 
	
  

 	
  

 	
  

 
	
  

 	
 2.77

 	
 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 this
 Agreement, Verizon’s applicable Tariffs, if any, or as otherwise prescribed
 under Applicable Law.

 


35









	
  

 	
  

 	
  

 
	
  

 	
 2.78

 	
 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).

 
	
  

 	
  

 	
  

 
	
  

 	
 2.79

 	
 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 as defined by Verizon. 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 Scope 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.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.80

 	
 Retail Prices.

 
	
  

 	
  

 	
  

 
	
  

 	
  

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

 
	
  

 	
  

 	
  

 
	
  

 	
 2.81

 	
 Routing Point.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 A specific
 geographic point identified by a specific V&H coordinate. The Routing
 Point is used to route inbound traffic to specified NPA-NXXs. 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.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.82

 	
 Service.

 
	
  

 	
  

 	
  

 
	
  

 	
  

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

 
	
  

 	
  

 	
  

 
	
  

 	
 2.83

 	
 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 NUI currently

 


36









	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 utilize this
 out-of-band signaling protocol.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.84

 	
 Subsidiary.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 A corporation or
 other person that is controlled by a Party. 

 
	
  

 	
  

 	
  

 
	
  

 	
 2.85

 	
 Sub-Loop
 Distribution Facility.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 A two-wire or
 four-wire metallic distribution facility in Verizon’s network between a
 Verizon feeder distribution interface (“FDI”) and the Rate Demarcation Point
 for such facility (or NID if the NID is located at such Rate Demarcation
 Point).

 
	
  

 	
  

 	
  

 
	
  

 	
 2.86

 	
 Sub-Loop Feeder
 Facility.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 A DS1 or DS3
 transmission path over a feeder facility in Verizon’s network between a
 Verizon End Office and either a Verizon remote terminal equipment enclosure
 (an “RTEE”) that subtends such End Office or a Verizon FDI that subtends the
 End Office.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.87

 	
 Switched Access
 Detail Usage Data.

 
	
  

 	
  

 	
  

 
	
  

 	
  

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

 
	
  

 	
  

 	
  

 
	
  

 	
 2.88

 	
 Switched Access
 Summary Usage Data.

 
	
  

 	
  

 	
  

 
	
  

 	
  

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

 
	
  

 	
  

 	
  

 
	
  

 	
 2.89

 	
 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.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.90

 	
 Tandem Switch, 

 
	
  

 	
  

 	
  

 
	
  

 	
  

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

 
	
  

 	
  

 	
  

 
	
  

 	
 2.91

 	
 Tariff.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
	
 2.91.1

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

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 2.91.2

 	
 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.

 


37









	
  

 	
  

 	
  

 
	
  

 	
 2.92

 	
 Telcordia
 Technologies.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Telcordia
 Technologies, Inc., formerly known as Bell Communications Research, Inc.
 (Bellcore).

 
	
  

 	
  

 	
  

 
	
  

 	
 2.93

 	
 Telecommunications
 Carrier.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Shall have the
 meaning set forth in the Act. 

 
	
  

 	
  

 	
  

 
	
  

 	
 2.94

 	
 Telecommunications
 Services.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Shall have the
 meaning set forth in the Act. 

 
	
  

 	
  

 	
  

 
	
  

 	
 2.95

 	
 Telephone Exchange
 Service.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Shall have the
 meaning set forth in the Act.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.96

 	
 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.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.97

 	
 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.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.98

 	
 Toxic or Hazardous
 Substance.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Any substance designated
 or defined as toxic or hazardous under any “Environmental Law” or that poses
 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, State 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.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.99

 	
 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

 


38









	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Party’s bills and
 in billing related communications as “Percent Interstate Usage” or “PIU.”

 
	
  

 	
  

 	
  

 
	
  

 	
 2.100

 	
 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 combined total number of minutes of intrastate
 traffic and Measured Internet Traffic. ([{Reciprocal Compensation Traffic
 Total Minutes of Use + Measured Internet Traffic Total Minutes of Use} ÷
 {Intrastate Traffic Total Minutes of Use + Measured Internet 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.”

 
	
  

 	
  

 	
  

 
	
  

 	
 2.101

 	
 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.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.102

 	
 UDLC (Universal
 Digital Loop Carrier).

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 UDLC arrangements
 consist of a Central Office Terminal and a Remote Terminal located in the
 outside plant or at a 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 UNE Loops.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.103

 	
 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.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.104

 	
 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.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.105

 	
 Wire Center.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 A building or
 portion thereof which serves as the premises for one or more Central Office
 Switches and related facilities.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.106

 	
 xDSL.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 As defined and
 offered in this Agreement. The small “x” before the letters DSL signifies
 reference to DSL as a generic transmission technology, as opposed to a
 specific DSL “flavor.”

 


39





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 (OS)

 
	
  

 	
  

 	
  

 
	
  

 	
 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 (OS), 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

 	
 NUI 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 NUI.
 Such services will be provided in accordance with the terms set forth herein.

 
	
  

 	
  

 	
  

 
	
  

 	
 4.1

 	
 Listing
 Information.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 As used herein,
 “Listing Information” means a NUI 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.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 NUI 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 NUI Customer whose service address location falls within the
 geographic area covered by the relevant Verizon directory. NUI shall also
 provide to Verizon on a daily basis: (a) information showing NUI Customers
 who have disconnected or terminated their service with NUI; and (b) delivery
 information for each non-listed or non-published NUI Customer to enable
 Verizon to perform its directory distribution responsibilities. Verizon shall
 promptly provide to NUI (normally within forty-eight (48) hours of receipt by
 Verizon, excluding non-business days) a query on any listing that is not
 acceptable.

 
	
  

 	
  

 	
  

 
	
  

 	
 4.3

 	
 Listing Inclusion
 and Distribution.

 


40










	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Verizon shall
 include each NUI 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 NUI 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 NUI’s Customers shall be interfiled with
 listings of Verizon’s Customers and the Customers of other LECs included in
 the Verizon directories. NUI shall pay Verizon’s tariffed charges for
 additional, foreign, and other listings products (as documented in local
 Tariff) for NUI’s Customers.

 
	
  

 	
  

 	
  

 
	
  

 	
 4.4

 	
 Verizon
 Information.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Upon request by
 NUI, Verizon shall make available to NUI 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, and Yellow Pages headings. Verizon shall also make available to NUI,
 upon written request, a copy of Verizon’s alphabetical listings standards and
 specifications handbook.

 
	
  

 	
  

 	
  

 
	
  

 	
 4.5

 	
 Confidentiality of
 Listing Information.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Verizon shall
 accord NUI 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 NUI
 Listing Information for directory publishing, direct marketing, or any other
 purpose for which Verizon uses or licenses its own listing information, so
 long as NUI Customers are not separately identified as such; and provided
 further that NUI 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 that it does for its own Customers. Verizon shall
 not be obligated to compensate NUI for Verizon’s use or licensing of NUI
 Listing Information.

 
	
  

 	
  

 	
  

 
	
  

 	
 4.6

 	
 Accuracy.

 
	
  

 	
  

 	
  

 
	
  

 	
  

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

 
	
  

 	
  

 	
  

 
	
  

 	
 4.7

 	
 Indemnification.

 
	
  

 	
  

 	
  

 
	
  

 	
  

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

 


41









	
  

 	
  

 	
  

 
	
  

 	
  

 	
 out of Verizon’s
 publication or dissemination of the Listing Information as provided by NUI
 hereunder.

 
	
  

 	
  

 	
  

 
	
  

 	
 4.8

 	
 Liability.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Verizon’s
 liability to NUI in the event of a Verizon error in or omission of a NUI
 Customer listing shall not exceed the amount to which Verizon would be liable
 to its own Customer for such error or omission. NUI 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
 NUI’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 as set forth in Verizon’s applicable Tariffs.

 
	
  

 	
  

 	
  

 
	
  

 	
 4.9

 	
 Service
 Information Pages.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Verizon shall
 include all NUI 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. NUI’s NXX codes shall appear in such lists in the same
 manner as Verizon’s NXX information. In addition, when NUI is authorized to,
 and is offering, local service to Customers located within the geographic
 area covered by a specific directory, at NUI’s request, Verizon shall
 include, at no charge, in the “Customer Guide” or comparable section of the
 applicable alphabetical directories, NUI’s critical contact information for
 NUI’s installation, repair and Customer service, as provided by NUI. Such
 critical contact information shall appear alphabetically by local exchange
 carrier and in accordance with Verizon’s generally applicable policies. NUI
 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.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 NUI acknowledges
 that if NUI 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.

 	
 Voice
 Information Service Traffic

 
	
  

 	
  

 	
  

 
	
  

 	
 5.1

 	
 For purposes of
 this Section 5, (a) Voice Information Service means a service that provides
 [i] recorded voice announcement information or [ii] a vocal discussion
 program open to the public, and (b) Voice Information Service Traffic means
 intraLATA switched voice traffic, delivered to a Voice Information Service.
 Voice Information Service Traffic does not include any form of Internet
 Traffic. Voice Information Service Traffic 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
 Service Traffic is not subject to Reciprocal Compensation charges under
 Section 7 of the Interconnection Attachment.

 


42









	
  

 	
  

 	
  

 
	
  

 	
 5.2

 	
 If a NUI Customer
 is served by resold Verizon dial tone line Telecommunications Service or a
 Verizon Local Switching UNE, to the extent reasonably feasible, Verizon will
 route Voice Information Service Traffic originating from such Service or UNE
 to the appropriate Voice Information Service connected to Verizon’s network
 unless a feature blocking such Voice Information Service Traffic has been
 installed. For such Voice Information Service Traffic, NUI shall pay to
 Verizon without discount any Voice Information Service provider charges
 billed by Verizon to NUI. NUI shall pay Verizon such charges in full
 regardless of whether or not NUI collects such charges from its Customer.

 
	
  

 	
  

 	
  

 
	
  

 	
 5.3

 	
 NUI shall have the
 option to route Voice Information Service Traffic that originates on its own
 network to the appropriate Voice Information Service connected to Verizon’s
 network. In the event NUI exercises such option, NUI 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 NUI to route Voice
 Information Service Traffic originated on its network to Verizon. For such
 Voice Information Service Traffic, unless NUI has entered into a written agreement
 with Verizon under which NUI will collect from NUI’s Customer and remit to
 Verizon the Voice Information Service provider’s charges, NUI shall pay to
 Verizon without discount any Voice Information Service provider charges
 billed by Verizon to NUI. NUI shall pay Verizon such charges in full
 regardless of whether or not NUI collects such charges from its own Customer.

 
	
  

 	
  

 	
  

 
	
 6.

 	
 Intercept
 and Referral Announcements

 
	
  

 	
  

 	
  

 
	
  

 	
 6.1

 	
 When a Customer
 changes its service provider from Verizon to NUI, or from NUI 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
 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 NUI’s
 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) Services

 


43









	
  

 	
  

 	
  

 	
  

 
	
  

 	
 8.1

 	
 Definitions.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 The terms listed
 below shall have the meanings stated below:

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 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 NUI Usage Information to NUI pursuant to Section 8.3 of this
 Attachment; and, (b) “Verizon OSS Information”, as defined in Section 8.1.4
 of this Attachment.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.1.3

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

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.1.4

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

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 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.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.1.6

 	
 NUI Usage
 Information: For a Verizon Retail Telecommunications Service purchased by NUI
 pursuant to the Resale Attachment, the usage information that Verizon would
 record if Verizon was furnishing such Verizon Retail Telecommunications
 Service to a Verizon end-user retail Customer. For a Verizon Local Switching
 Network Element purchased by NUI pursuant to the Network Element Attachment,
 the usage information that Verizon would record if Verizon was using such
 Local Switching Network Element to furnish a 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
 NUI, Verizon shall provide to NUI Verizon OSS Services. Such Verizon OSS
 Services will be provided in accordance with, but only to the extent required
 by, Applicable Law.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 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

 


44









	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 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 NUI.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.2.3

 	
 To the extent
 required by Applicable Law, in providing Verizon OSS Services to NUI, Verizon
 will comply with Verizon’s applicable OSS Change Management Guidelines, as
 such Guidelines are modified from time-to-time, including, but not limited
 to, the provisions of the Guidelines related to furnishing notice of changes
 in Verizon OSS Services. Verizon’s OSS Change Management Guidelines will be
 set out on a Verizon website.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 8.3

 	
 NUI Usage
 Information.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.3.1

 	
 Upon request by
 NUI, Verizon shall provide to NUI NUI Usage Information. Such NUI Usage
 Information will be provided in accordance with, but only to the extent
 required by, Applicable Law.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.3.2

 	
 NUI Usage
 Information will be available to NUI 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).

 






	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.3.3

 	
 NUI Usage
 Information will be provided in an Alliance for Telecommunications Industry
 Solutions EMI format.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.3.4

 	
 Daily Usage File
 Data Tapes provided pursuant to Section 8.3.2.1 of this Attachment will be
 issued each Business Day.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.3.5

 	
 Except as stated
 in this Section 8.3, subject to the requirements of Applicable Law, the
 manner in which, and the frequency with which, NUI Usage Information will be
 provided to NUI 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 NUI only to the extent necessary for NUI’s
 access to and use of Verizon OSS Services pursuant to this Agreement.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.4.2

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

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.4.3

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

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.4.4

 	
 NUI 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 NUI’s use under this Section
 8.

 


45









	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.4.5

 	
 NUI 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 NUI only in connection with
 NUI’s use of Verizon OSS Facilities permitted by this Section 8; (c) shall be
 treated by NUI as Confidential Information of Verizon pursuant to Section 10
 of the General Terms and Conditions; and, (d) shall be destroyed or returned
 by NUI to Verizon upon the earlier of request by Verizon or the expiration or
 termination of this Agreement.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.4.7

 	
 NUI’s employees,
 agents and contractors may access and use Verizon OSS Facilities only to the
 extent necessary for NUI’s access to and use of the Verizon OSS Facilities
 permitted by this Agreement. Any access to or use of Verizon OSS Facilities
 by NUI’s employees, agents, or contractors, shall be subject to the
 provisions of this Agreement, including, but not limited to, Section 10 of
 the General Terms and Conditions and Section 8.5.3.2 of this Attachment.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 8.5

 	
 Verizon OSS
 Information.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.5.1

 	
 Subject to the
 provisions of this Section 8, in accordance with, but only to the extent
 required by, Applicable Law, Verizon grants to NUI 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, NUI shall acquire no rights in or to any
 Verizon OSS Information.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.5.3

 	
 The provisions of
 this Section 8.5.3 shall apply to all Verizon OSS Information, except (a) NUI
 Usage Information, (b) CPNI of NUI, and (c) CPNI of a Verizon Customer or a
 NUI Customer, to the extent the Customer has authorized NUI to use the CPNI.

 






	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 8.5.3.1

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 8.5.3.2

 	
 NUI 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 General Terms and Conditions.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 8.5.3.3

 	
 Except as
 expressly stated in this Section 8, this Agreement does not grant to NUI any
 right or license to grant sublicenses to other persons, or permission to
 other persons (except NUI’s employees, agents or contractors, in accordance
 with Section 8.5.3.4 of this Attachment), to access, use or disclose Verizon
 OSS Information.

 


46









	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 8.5.3.4

 	
 NUI’s employees,
 agents and contractors may access, use and disclose Verizon OSS Information
 only to the extent necessary for NUI’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 NUI’s employees, agents or
 contractors, shall be subject to the provisions of this Agreement, including,
 but not limited to, Section 10 of the General Terms and Conditions and
 Section 8.5.3.2 of this Attachment.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 8.5.3.5

 	
 NUI’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 NUI to provide
 Telecommunications Services to NUI Customers; (b) termination of the license
 in accordance with this Section 8; or (c) expiration or termination of this
 Agreement.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 8.5.3.6

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

 






	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.5.4

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

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.5.5

 	
 Audits.

 






	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

	
 8.5.5.1

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 8.5.5.2

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 8.5.5.3

 	
 Information
 obtained by Verizon pursuant to this Section 8.5.5 shall be treated by
 Verizon as Confidential Information of NUI pursuant to Section 10 of the
 General Terms and Conditions; provided that, Verizon shall have the right
 (but not the obligation) to use and disclose information obtained by Verizon
 pursuant to Section 8.5.5 of this Attachment to 

 


47









	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 enforce Verizon’s
 rights under this Agreement or Applicable Law.

 






	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.5.6

 	
 NUI 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.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 8.6

 	
 Liabilities and
 Remedies.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.6.1

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

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.6.2

 	
 NUI agrees that
 Verizon would be irreparably injured by a breach of Sections 8.4 or 8.5 of
 this Attachment by NUI or the employees, agents or contractors of NUI, 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 of this Attachment with regard to the
 confidentiality of information shall be in addition to and not in derogation
 of any provisions of Applicable Law with regard to the confidentiality of
 information, 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.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 NUI, at NUI’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, NUI shall by no later than the fifteenth (15th) day of the last
 month of each Calendar Quarter submit to Verizon reasonable, good faith
 estimates of the volume of each type of OSS transaction that NUI anticipates
 submitting in each week of the next Calendar Quarter.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.8.2

 	
 NUI shall
 reasonably cooperate with Verizon in submitting orders for Verizon 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

 	
 NUI shall
 participate in cooperative testing of Verizon OSS Services and shall provide
 assistance to Verizon in identifying and correcting

 


48









	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 mistakes,
 omissions, interruptions, delays, errors, defects, faults, failures, or other
 deficiencies, in Verizon OSS Services.

 
	
  

 	
  

 	
  

 
	
  

 	
 8.9

 	
 Verizon Access to
 Information Related to NUI Customers.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.9.1

 	
 Verizon shall have
 the right to access, use and disclose information related to NUI 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 NUI Customer in the manner required by Applicable Law.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.9.2

 	
 Upon request by
 Verizon, NUI shall negotiate in good faith and enter into a contract with
 Verizon, pursuant to which Verizon may obtain access to NUI’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 NUI Customers (as
 authorized by the applicable NUI 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 NUI
 prior to, or in lieu of, Verizon’s provision of the Verizon OSS Service to
 NUI. The term “Verizon Pre-OSS Service” includes, but is not limited to, the
 activity of placing orders for Verizon 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 NUI.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.10.3

 	
 Subject to the
 requirements of Applicable Law, the rates 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 of this Attachment 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 of this Attachment to Verizon OSS Services shall be
 deemed to include Verizon Pre-OSS Services; and, (b) references in Sections
 8.4 through 8.8 of this Attachment to Verizon OSS Information shall be deemed
 to include information made available to NUI through Verizon Pre-OSS
 Services.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 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 due date.

 
	
  

 	
  

 	
  

 	
  

 
	
 9.

 	
 Poles,
 Ducts, Conduits and Rights-of-Way

 


49









	
  

 	
  

 	
  

 
	
  

 	
 9.1

 	
 Verizon shall
 afford NUI non-discriminatory access to poles, ducts, conduits and
 rights-of-way owned or controlled by Verizon. Such access shall be provided
 in accordance with, but only to the extent required by, Applicable Law,
 pursuant to Verizon’s applicable Tariffs, or, in the absence of an applicable
 Verizon Tariff, Verizon’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.

 
	
  

 	
  

 	
  

 
	
  

 	
 9.2

 	
 NUI shall afford
 Verizon non-discriminatory access to poles, ducts, conduits and rights-of-way
 owned or controlled by NUI. Such access shall be provided pursuant to NUI’s
 applicable Tariffs, or, in the absence of an applicable NUI Tariff, NUI’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. The terms, conditions and prices offered to
 Verizon by NUI for such access shall be no less favorable than the terms,
 conditions and prices offered to NUI by Verizon for access to poles, ducts,
 conduits and rights of way owned or controlled by Verizon.

 
	
  

 	
  

 	
  

 
	
 10.

 	
 Telephone
 Numbers

 
	
  

 	
  

 	
  

 
	
  

 	
 10.1

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

 
	
  

 	
  

 	
  

 
	
  

 	
 10.2

 	
 NUI’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 of this Attachment, if a Customer of either Verizon or
 NUI 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 NUI,
 from NUI to Verizon, or from NUI 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 NUI for resale, the type or class of service
 subscribed to by the Customer changes.

 
	
  

 	
  

 	
  

 
	
  

 	
 10.5

 	
 If service on a
 VTS or VLSNE provided by Verizon to NUI under this Agreement is terminated
 and the telephone numbers associated with such VTS or VLSNE have not been
 ported to a NUI 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,
 NUI, or Telecommunications Carriers other than Verizon and NUI.

 
	
  

 	
  

 	
  

 
	
  

 	
 10.6

 	
 NUI may reserve
 telephone numbers only to the extent Verizon’s Customers may reserve
 telephone numbers.

 


50









	
  

 	
  

 	
  

 
	
  

 	
  

 	
 For a Verizon
 Telecommunications Service dial tone line purchased by NUI for resale pursuant
 to the Resale Attachment, upon request by NUI, Verizon will establish an
 arrangement that will permit NUI to route the NUI Customer’s calls for
 operator and directory assistance services to a provider of operator and
 directory assistance services selected by NUI. Verizon will provide this
 routing arrangement in accordance with, but only to the extent required by,
 Applicable Law. Verizon will provide this routing arrangement pursuant to an
 appropriate written request submitted by NUI and a mutually agreed-upon
 schedule. This routing arrangement will be implemented at NUI’s expense, with
 charges determined on an individual case basis. In addition to charges for
 initially establishing the routing arrangement, NUI will be responsible for
 ongoing monthly and/or usage charges for the routing arrangement. NUI shall
 arrange, at its own expense, the trunking and other facilities required to
 transport traffic to NUI’s selected provider of operator and directory
 assistance services.

 


51






INTERCONNECTION ATTACHMENT


	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 1.

 	
 General

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 2.

 	
 Methods for Interconnection and Trunk Types

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 2.1

 	
 Methods for Interconnection.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 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

 	
 NUI may use any of the following methods for interconnection with Verizon:

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 2.1.3.1

 	
 a
 Collocation arrangement NUI has established at the Verizon-IP pursuant to the
 Collocation Attachment; and/or

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 2.1.3.2

 	
 a
 Collocation arrangement that has been established separately at the Verizon-IP by a third party and that is used by
 NUI to interconnect with Verizon; and/or

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 2.1.3.3

 	
 an Entrance
 Facility and transport obtained from Verizon (and any necessary multiplexing) pursuant to the applicable Verizon access Tariff, from the NUI network to
 the Verizon-IP.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 2.1.4

 	
 NUI may
 order from Verizon, in accordance with the rates, terms and conditions set
 forth in this Agreement and applicable Verizon Tariff(s) (or in the absence of applicable rates, terms
 and conditions set forth in this Agreement and Verizon Tariff(s), in
 accordance with rates, terms and
 conditions to be negotiated by the Parties), any of the methods for interconnection
 specified in Section 2.1.3 of this Attachment.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 2.1.5

 	
 Verizon may
 use any of the following methods for interconnection with NUI:

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 2.1.5.1

 	
 a
 Collocation arrangement Verizon has established at the NUI-IP pursuant to the
 Collocation Attachment, or an interconnection
 arrangement Verizon has established at the NUI-IP that is
 operationally equivalent to a Collocation arrangement
 (including, but not limited to, a Verizon provided Entrance Facility);
 and/or

 


52









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 2.1.5.2

 	
 a Collocation arrangement that has been established separately at the NUI-IP by a third party and
 that is used by Verizon to
 interconnect with NUI; and/or

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 2.1.5.3

 	
 a non-distance sensitive Entrance Facility obtained from NUI (and any
 necessary multiplexing), from the Verizon network to the NUI-IP (including, but not
 limited to, at Verizon’s election, an Entrance Facility accessed by Verizon through interconnection at a
 Collocation arrangement that NUI
 has established at a Verizon Wire Center pursuant to the Collocation
 Attachment, or through interconnection at
 a Collocation arrangement that has been established separately at a Verizon Wire Center by a third party and that is used by NUI), or an Entrance
 Facility obtained from a third party that has established an interconnection arrangement with NUI.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 2.1.6

 	
 Verizon may order from NUI, in accordance with the rates, terms and conditions set forth in this Agreement and
 applicable NUI Tariff(s) (or in the absence of applicable rates, terms and
 conditions set forth in this Agreement
 and NUI Tariff(s), in accordance with rates, terms and conditions to be negotiated
 by the Parties), any of the methods for interconnection specified in Section
 2.1.5 of this Attachment.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 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, 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 NUI
 Telephone Exchange Service Customers
 and purchasers of Switched Exchange Access Service via a Verizon access Tandem in accordance with Sections 9 through 11 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).

 


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 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 volume of traffic between a Verizon End Office and
 the NUI network, which is
 carried by a Final Tandem Interconnection Trunk group, exceeds the Centium Call Second (Hundred
 Call Second) busy hour equivalent
 of one (1) DS-1 at any time and/or 200,000 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 NUI network; or, (b) if Two-Way Interconnection Trunks are used, NUI shall promptly submit an ASR to
 Verizon to establish new End Office
 Two-Way Interconnection Trunk group(s) between that Verizon End Office and the NUI network.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 2.2.5

 	
 Except as
 otherwise agreed in writing by the Parties, the total number of Tandem Interconnection Trunks between NUI’s
 network and a Verizon Tandem will
 be limited to a maximum of 240 trunks. In the event that the volume of traffic between NUI’s network and
 a Verizon Tandem exceeds, or reasonably can be expected to exceed, the
 capacity of the 240 trunks, NUI shall
 promptly submit an ASR to Verizon to establish new or additional End Office Trunks to insure that the volume of
 traffic between NUI’s network and the Verizon Tandem does not exceed the capacity of the 240 trunks.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 2.3

 	
 One-Way Interconnection Trunks.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 2.3.1

 	
 Where the Parties have agreed to use One-Way Interconnection Trunks for the delivery of traffic from NUI to Verizon,
 NUI, at NUI’s own expense, shall:

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 2.3.1.1

 	
 provide its own facilities for delivery of the traffic to the NUI Collocation arrangement at the Verizon-IP or to
 the third-party Collocation arrangement used by NUI at the Verizon-IP;
 and/or

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 2.3.1.2

 	
 obtain transport for delivery of the traffic to the NUI Collocation arrangement at the Verizon-IP or to
 the third-party Collocation arrangement used by NUI at the Verizon-IP (a) from a third-party, or, (b) if Verizon
 offers such transport pursuant to this Agreement or an applicable Verizon Tariff, from Verizon; and/or

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 2.3.1.3

 	
 order the One-Way Trunks from Verizon in accordance with the rates,
 terms and conditions set forth in this Agreement and applicable Verizon Tariffs, for
 installation on an Entrance
 Facility obtained by NUI from Verizon pursuant to Sections 2.1.3.3 and 2.1.4 of this Attachment,
 and also order multiplexing and
 transport from Verizon pursuant to Sections
 2.1.3.3 and 2.1.4 of this Attachment.

 






	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 2.3.1.3.1

 	
 For each Tandem One -Way Interconnection Trunk group provided by Verizon to NUI with a utilization level of less than sixty percent
 (60%), 

 


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 unless the
 Parties agree otherwise, NUI will promptly
 submit ASRs to disconnect a sufficient number of Interconnection
 Trunks to attain a utilization level of approximately sixty percent (60%).

 






	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 2.3.2

 	
 Where the Parties have agreed to use One-Way Interconnection Trunks for the delivery of traffic from Verizon to
 NUI, Verizon, at Verizon’s own expense, shall:

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 2.3.2.1

 	
 provide its
 own facilities for delivery of the traffic to the Verizon Collocation
 arrangement or interconnection arrangement
 at the NUI-IP or to the third-party Collocation arrangement used by
 Verizon at the NUI-IP; or

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 2.3.2.2

 	
 obtain
 transport for delivery of the traffic to the Verizon Collocation arrangement
 or interconnection arrangement at the
 NUI-IP or to the third-party Collocation arrangement used by Verizon at the NUI-IP (a) from a
 third-party, or, (b) if NUI offers
 such transport pursuant to this Agreement or an applicable NUI Tariff,
 from NUI; or

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 2.3.2.3

 	
 order the
 One-Way Trunks from NUI in accordance with the rates, terms and conditions set forth in this Agreement and applicable NUI Tariffs for installation on an
 Entrance Facility obtained by
 Verizon from NUI pursuant to Sections 2.1.5.3 and 2.1.6 of this Attachment, or obtain the One-Way Trunks from
 a third-party that has established an interconnection arrangement with NUI.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 2.4

 	
 Two-Way Interconnection Trunks.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 2.4.1

 	
 Where the Parties have agreed to use Two-Way Interconnection Trunks for
 the exchange of traffic between Verizon and NUI, NUI shall order from Verizon, and Verizon shall provide, the
 Two-Way Interconnection Trunks and the Entrance Facility, on which such
 Trunks will ride, and transport and multiplexing, in accordance with
 the rates, terms and conditions set forth in this Agreement and Verizon’s
 applicable Tariffs.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 2.4.2

 	
 Prior to
 ordering any Two-Way Interconnection Trunks from Verizon, NUI 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 Centium Call Second (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). Where the Parties have agreed to convert existing One-Way Interconnection Trunks to
 Two-Way Interconnection Trunks, at the Joint Planning Meeting, the
 Parties shall also mutually agree on the
 conversion process and project intervals for conversion of such One-Way Interconnection Trunks to Two-Way
 Interconnection Trunks.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 2.4.3

 	
 Two-Way Interconnection Trunks shall be from a Verizon End Office or Tandem
 to a mutually agreed upon POI.

 


55









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 2.4.4

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 2.4.5

 	
 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.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 2.4.6

 	
 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.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 2.4.7

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 2.4.8

 	
 Two-Way Interconnection Trunk groups that connect to a Verizon access
 Tandem shall be engineered
 using a design blocking objective of Neal-Wilkinson 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-Wilkinson
 B.01 during the average time consistent busy hour. Verizon and NUI
 shall engineer Two-Way Interconnection Trunks using BOC Notes on the LEC
 Networks SR-TSV-002275.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 2.4.9

 	
 The performance standard for final Two-Way Interconnection Trunk groups 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.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 2.4.10

 	
 NUI 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. NUI 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.
 NUI shall complete ASRs in accordance with OBF Guidelines as in effect
 from time to time.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 2.4.11

 	
 Verizon may
 (but shall not be obligated to) 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 Tandem
 Two-Way Interconnection Trunk group
 and NUI has not notified Verizon that it has corrected such blocking,
 Verizon may submit to NUI a Trunk Group Service Request directing NUI to remedy the blocking. Upon receipt of a Trunk
 Group Service Request, NUI will
 complete an ASR to establish or augment the End Office Two-Way
 Interconnection Trunk Group(s), or, if mutually agreed, to augment the
 Tandem Two-Way Interconnection

 


56









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 Trunk Group with excessive blocking and submit the ASR to Verizon within
 five (5) Business Days.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 2.4.12

 	
 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. NUI 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 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, NUI 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, unless the Parties
 agree that the Two-Way Interconnection Trunks should not be
 disconnected. In the event NUI fails to submit an ASR for Two-Way
 Interconnection Trunks in conformance
 with this section, Verizon may bill NUI for the excess Interconnection
 Trunks at the applicable Verizon rates.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 2.4.13

 	
 Because Verizon will not be in control of when and how many Two-Way Interconnection Trunks are established between
 its network and NUI’s network,
 Verizon’s performance in connection with 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
 other Party’s relevant POI, provided that, if
 a Party has failed to comply with this Agreement with regard to Two-Way Interconnection Trunks, the other Party may
 upon three (3) months prior
 written notice and without mutual agreement of the non-complying
 Party, withdraw its traffic from a Two-Way Interconnection Trunk group and install One-Way Interconnection
 Trunks to the non-complying Party’s relevant POI.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 2.4.15

 	
 NUI will route its traffic to Verizon over the End Office and Tandem
 Two-Way Interconnection Trunks in accordance with
 SR-TAP-000191, including but not limited
 to those standards requiring that a call from NUI to a Verizon End
 Office will first be routed to the End Office Interconnection Trunk group between NUI and the Verizon End Office.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 2.4.16

 	
 When the Parties implement Two-Way Interconnection Trunks, the Parties
 will work cooperatively to calculate a Proportionate Percentage of Use
 (“PPU”) factor for each facility on which the Two-Way Interconnection Trunks
 ride, based on the total number of minutes of traffic that each Party sends over the Two-Way Interconnection Trunks
 riding on that facility. NUI will
 pay a percentage of Verizon’s monthly recurring charges for each facility on which the Two-Way Interconnection
 Trunks ride equal to NUI’s percentage of use of that 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 NUI’s side of NUI’s-IP, which charges shall be
 solely the financial responsibility of

 


57









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 NUI. During the first full calendar quarter (and any partial calendar
 quarter preceding such first
 full calendar quarter) after the first Two-Way Interconnection Trunk is established on a facility, the PPU for
 that facility will be fifty percent
 (50%) for each Party. For each calendar quarter thereafter, the Parties shall recalculate the PPU using actual
 traffic usage data for the preceding calendar quarter.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 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 facility on
 Verizon’s side of the NUI-IP, NUI shall pay fifty percent (50%) of the
 Verizon non-recurring charges; and, (b) for the portion of the facility on NUI’s side of the NUI-IP, NUI shall be
 solely responsible for the non-recurring charges.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 Notwithstanding
 the foregoing provisions of this Section 2.4.16, if NUI fails to provide NUI-IPs in accordance with
 this Agreement, NUI will be responsible
 for one hundred percent (100%) of all recurring and non-recurring
 charges associated with Two-Way Interconnection Trunk groups until NUI
 establishes such NUI-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 NUI 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 NUI
 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, NUI 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 of this Attachment shall include (a) the initial
 Routing Point(s); (b) the applicable NUI-IPs to be established in the
 relevant LATA in accordance with this
 Agreement; (c) NUI’s intended Interconnection activation date; (d) a forecast of NUI’s trunking requirements
 conforming to Section 14.3 of this
 Attachment; 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

 


58









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 above. Within ten (10) Business Days of Verizon’s receipt of NUI’s
 notice provided for in
 Section 4.1 of this Attachment, Verizon and NUI shall confirm the Verizon-IP(s), the NUI-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 2 through 4 of this Attachment.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 5.2

 	
 Trunk Group Connections and Ordering.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 5.2.1

 	
 For One-Way or Two-Way Interconnection Trunks, both Parties shall use
 either a DS-1 or DS-3
 facilities interface at the POI. When and where an STS-1 interface is
 available, the Parties may agree to use such an interface. Upon mutual agreement, the Parties may agree to use an optical interface (such as OC-n).

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 5.2.2

 	
 When One-Way
 or Two-Way Interconnection Trunks are provisioned using a DS-3 interface facility, then NUI 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 One-Way or 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 NUI shall pay 100% of the facility charges for the
 One-Way or Two-Way Interconnection
 Trunks.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 5.2.3

 	
 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.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 5.2.4

 	
 Unless mutually agreed to by both Parties, each Party will outpulse
 ten (10) digits to the other Party.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 5.2.5

 	
 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.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 5.3

 	
 Switching System Hierarchy and Trunking Requirements.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 For purposes of routing NUI 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 NUI, the
 subtending arrangements between NUI Tandem Switches and NUI End Office Switches shall be the same as the
 Tandem/End Office subtending
 arrangements that NUI maintains for the routing of its own or other carriers’
 traffic.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 5.4

 	
 Signaling.

 


59









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 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.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 5.5

 	
 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 of this Attachment.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 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 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.,

 


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 800/888/877) calls shall be in accordance with applicable Tariffs.
 Determination as to whether traffic is Reciprocal Compensation Traffic or
 Measured Internet Traffic
 shall be made 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 Measured Internet Traffic, and in accordance
 with the process established by the FCC Internet Order for rebutting
 such presumption before the Commission).

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 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

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 7.1

 	
 Reciprocal
 Compensation Traffic Interconnection Points.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 7.1.1

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

 






	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 7.1.1.1

 	
 For each
 LATA in which NUI requests to interconnect with Verizon, except as otherwise agreed by the Parties, NUI shall
 establish a NUI IP in each Verizon Local Calling Area (as defined below) where NUI chooses to assign telephone numbers to
 its Customers. NUI shall establish such NUI-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 NUI 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) NUI
 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 NUI or a
 third party), from the originating
 Verizon End Office to the receiving NUI-IP.

 


61









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 7.1.1.2

 	
 At any time
 that NUI establishes a Collocation site at a Verizon End Office Wire Center in a LATA in which NUI is interconnected or requesting interconnection
 with Verizon, either Party may request in writing that such NUI
 Collocation site be established as the NUI-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 NUI-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) NUI 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 NUI or a third party), from the originating
 Verizon End Office to the receiving NUI-IP.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 7.1.1.3

 	
 In any LATA
 where the Parties are already interconnected prior to the effective date of this Agreement, NUI may maintain existing CLEC-IPs, except that Verizon
 may request in writing to
 transition such NUI-IPs to the NUI-IPs described in subsections 7.1.1.1 and 7.1.1.2 of this Attachment. 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 of this Attachment. 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) NUI 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 NUI or a third party), from
 Verizon’s originating End Office to the NUI 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 NUI 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 NUI to the Verizon terminating End Office serving the Verizon Customer, the Verizon-IP will be the 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

 


62









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 to deliver
 traffic to such IPs for the NXXs or functionalities served by those IPs. To
 the extent that any such NUI-IP is not located at a Collocation site at a Verizon Tandem Wire Center or Verizon End Office Wire Center, then NUI shall permit
 Verizon to establish physical Interconnection
 through collocation or other operationally comparable arrangements
 acceptable to Verizon at the NUI-IP.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 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 NUI-IP for traffic delivered by Verizon for termination by NUI, and at the Verizon-IP for
 traffic delivered by NUI 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 NUI or
 the NUI-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.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 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.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 7.3.3

 	
 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 NUI 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 NUI.

 


63









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 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 of this Attachment, 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.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 8.3

 	
 For any traffic originating with a third party carrier and delivered
 by NUI to Verizon, NUI
 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 NUI.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 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 7.1 of this Attachment.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 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 7.1 of this Attachment.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 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 2 through 5 of this
 Attachment for the transmission
 and routing of traffic between NUI Telephone Exchange Service Customers
 and Interexchange Carriers (“Access Toll Connecting Trunks”), in any case where NUI elects to have its End Office
 Switch subtend a Verizon Tandem. This
 includes casually-dialed (1010XXX and 101XXXX) traffic.

 


64









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 9.2

 	
 Access Toll Connecting Trunk Group Architecture.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 9.2.1

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 9.2.2

 	
 NUI 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 NUI’s Customers.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 9.2.3

 	
 The Access Toll Connecting Trunks shall be two-way trunks. Such trunks shall connect the End Office NUI
 utilizes to provide Telephone Exchange Service and Switched Exchange
 Access to its Customers in a given LATA to
 the Tandem Verizon utilizes to provide Exchange Access in such LATA.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 9.2.4

 	
 Access Toll
 Connecting Trunks shall be used solely for the transmission and routing of Exchange Access to allow NUI’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

 	
 NUI and
 Verizon will establish Meet-Point Billing (MPB) arrangements in order to
 provide a common transport option to Switched Exchange Access Services customers via a Verizon access Tandem Switch in
 accordance with the Meet Point
 Billing guidelines contained in the OBF’s MECAB and MECOD documents, except as modified herein, and in Verizon’s
 applicable Tariffs. The arrangements described
 in this Section 10 are intended to be used to provide Switched Exchange Access Service where the transport
 component of the Switched Exchange Access Service is routed through an
 access Tandem Switch that is provided by Verizon.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 10.2

 	
 In each
 LATA, the Parties shall establish MPB arrangements for the applicable NUI
 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

 	
 NUI 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: Single Bill/Single Tariff, Multiple
 Bill/Single Tariff, Multiple Bill/Multiple Tariff, and Single
 Bill/Multiple Tariff, as outlined in the OBF MECAB Guidelines.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Each Party shall implement the “Multiple Bill/Single Tariff” or
 “Multiple Bill/Multiple Tariff”
 option, as appropriate, in order to bill an IXC for the portion of the MPB
 arrangement 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

 


65









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Bill/Single Tariff option, as appropriate, in order to bill an IXC
 for the portion of the MPB arrangement provided by that Party.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 10.6

 	
 The rates to
 be billed by each Party for the portion of the MPB arrangement provided by it shall be as set forth in that
 Party’s applicable Tariffs, or other document
 that contains the terms under which that Party’s access services are offered. For each NUI Routing Point/Verizon
 Serving Wire Center combination, the
 MPB billing percentages for transport between the NUI Routing Point and the Verizon Serving Wire Center shall be calculated
 in accordance with the formula set forth in Section 10.17 of this
 Attachment.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 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 NUI 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

 	
 NUI 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 of
 this Attachment shall be sent to the following addresses:

 






	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 To NUI:

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Andrew Roser

 
	
  

 	
  

 	
 40 SE 5th
 Street

 
	
  

 	
  

 	
 Boca Raton,
 Florida 33432

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 For Verizon
 (Former BA service area):

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 New York State Access Pool 
C/O ACM, Inc.

 
	
  

 	
  

 	
 120 Erie Blvd.

 
	
  

 	
  

 	
 Schenectady, NY 12305 
Attn: Mark Ferri

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Either Party may change its address for receiving usage data by
 notifying the other Party in writing pursuant to Section 29 of
 the General Terms and Conditions.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 10.11

 	
 NUI 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.

 


66









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 10.12

 	
 Each Party agrees to provide the other Party with notification of any
 errors it discovers in MPB
 data within thirty (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 7 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.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 10.15

 	
 MPB will apply for all traffic bearing the 500, 900, toll free
 service access code (e.g. 800/888/877) (to the extent provided
 by an IXC) or any other non-geographic NPA which may be designated for such
 traffic in the future. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 10.16

 	
 In the event
 NUI determines to offer Telephone Exchange Services in a LATA in which Verizon operates an access Tandem Switch,
 Verizon shall permit and enable NUI
 to subtend the Verizon access Tandem Switch(es) designated for the Verizon
 End Offices in the area where there are located NUI Routing Point(s) associated with the NPA NXX(s) to/from which
 the Switched Exchange Access Services are homed.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 10.17

 	
 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)          =          NUI
 Billing Percentage

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
                              
       and

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 b / (a + b)          =          Verizon
 Billing Percentage

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 where:

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 a          =          the
 airline mileage between NUI 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.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 10.18

 	
 NUI 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 NUI’s delivery of notice to
 Verizon, Verizon and NUI shall confirm the Routing Point/Verizon Serving
 Wire Center combination and billing percentages.

 


67









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 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. Except as
 otherwise agreed to by the Parties, all NUI originating “untranslated” 8YY
 traffic will be routed over a separate one-way trunk group.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 11.1

 	
 When NUI
 delivers translated 8YY calls to Verizon for completion,

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 11.1.1

 	
 to an IXC,
 NUI shall:

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 11.1.1.1

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 11.1.1.2

 	
 bill the IXC the NUI 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, NUI shall:

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 11.1.2.1

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 11.1.2.2

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 11.1.2.3

 	
 Verizon
 shall bill applicable Tandem Transit Service charges and associated passthrough charges to NUI.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 11.2

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 11.2.1

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 11.2.1.1

 	
 bill NUI the Verizon query charge associated with the call as specified
 in the Pricing Attachment; and

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 11.2.1.2

 	
 provide an appropriate EMI record to NUI; and

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 11.2.1.3

 	
 bill NUI Verizon’s Tariffed FGD Switched Exchange Access or
 Reciprocal Compensation rates as applicable.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 11.3

 	
 When NUI:
 delivers untranslated 8YY calls to Verizon for completion,

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 11.3.1

 	
 to an IXC,
 Verizon shall:

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 11.3.1.1

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 11.3.1.2

 	
 provide an appropriate EMI record to NUI to facilitate billing to
 the IXC; and

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 11.3.1.3

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

 


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 11.3.2

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 11.3.2.1

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 11.3.2.2

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 11.3.2.3

 	
 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 call to NUI.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 12.

 	
 Tandem Transit Traffic

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 12.1

 	
 As used in
 this Section 12, Tandem Transit Traffic is Telephone Exchange Service traffic
 that originates on NUI’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 NUI
 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.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 12.2

 	
 Tandem
 Transit Traffic Service provides NUI 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 2 through 6 of this Attachment. NUI
 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.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 12.4

 	
 NUI 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
 NUI 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 NUI.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 12.5

 	
 NUI shall
 pay Verizon for Transit Service that NUI 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.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 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.

 


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 12.7

 	
 If or when a third party carrier’s Central Office subtends a NUI
 Central Office, then NUI
 shall offer to Verizon a service arrangement equivalent to or the same as Tandem Transit Service provided by Verizon
 to NUI 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 NUI Central Office (“Reciprocal Tandem Transit Service”). NUI 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 Center Areas 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 Center Areas and Routing Points corresponding to
 such NXX codes.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 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, NUI shall
 adopt the Rate Center Area
 and Rate Center Points that the Commission has approved for Verizon
 within the LATA and Tandem serving area. NUI 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

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

 


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 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 2 of this Attachment; and

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 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, NUI 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 NUI-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 NUI decides to
 market its services, Verizon will be largely dependent on NUI 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

 


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 Reciprocal Compensation Traffic to NUI as NUI provides to terminate Reciprocal Compensation Traffic to Verizon. At
 Verizon’s discretion, when NUI
 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 NUI suggests; provided, however, that in all cases
 Verizon’s provision of the
 forecasted number of trunks to NUI is conditioned on the following: that such forecast is based on reasonable
 engineering criteria, there are no capacity constraints, and NUI’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 NUI’s
 suggestion or request pursuant to the procedures identified in Section 14.3 of this Attachment. 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 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 Centium Call Second (Hundred Call Second) and blocking percentages), then
 Verizon may hold NUI 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
 NUI 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
 Centium Call Second (Hundred Call
 Second) and blocking percentages), then
 Verizon may hold NUI financially responsible for the excess facilities. At any time during the
 relevant ninety-(90) day period,
 NUI may request that Verizon disconnect trunks to meet a revised forecast. In such instances, Verizon may hold NUI 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 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

 


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 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 authorization from the Customer in accordance with Applicable Law and sends an LSR to Party A,
 Parties A and B will work together to port the Customer’s telephone
 number(s) from Party A’s network to Party B’s network.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 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 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 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

 


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 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 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 only where LNP is not commercially available or not
 required by FCC orders and regulations. 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 either Party.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 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,

 


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 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 grandfathered,
 subject to Section 15.4.5 of this Attachment.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 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 has not been converted
 to 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 NUI 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 Regulations.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 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 LNP request to Party A. Party A will
 respond to the Party B, within ten (10) days of receipt of the
 request, 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.

 



75






RESALE ATTACHMENT


	
  

 	
  

 	
  

 	
  

 
	
 1.

 	
 General

 
	
  

 	
  

 
	
  

 	
 Verizon shall
 provide to NUI, in accordance with this Agreement (including, but not limited
 to, Verizon’s applicable Tariffs) and the requirements of Applicable Law,
 Verizon’s Telecommunications Services for resale by NUI; provided, that
 notwithstanding any other provision of this Agreement, Verizon shall be
 obligated to provide Telecommunications Services to NUI only to the extent
 required by Applicable Law and may decline to provide a Telecommunications
 Service to NUI 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 NUI under this Resale
 Attachment only for the purpose of resale by NUI as a Telecommunications
 Carrier. Verizon Telecommunications Services to be purchased by NUI for other
 purposes (including, but not limited to, NUI’s own use) must be purchased by
 NUI pursuant to other applicable Attachments to this Agreement (if any), or
 separate written agreements, including, but not limited to, applicable
 Verizon Tariffs.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.2

 	
 NUI 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 NUI to comply with this Section 2.2, NUI shall take
 those actions required by Applicable Law to determine the eligibility of NUI
 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. NUI shall
 indemnify Verizon from any Claims resulting from NUI’s failure to take such
 actions required by Applicable Law. 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 2.2.6

 	
 Verizon may
 perform audits to confirm NUI’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 Section 7 of the General Terms and Conditions. 

 


76









	
  

 	
  

 	
  

 	
  

 
	
  

 	
 2.3

 	
 NUI 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

 	
 NUI 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
 NUI Customers. 

 
	
  

 	
  

 	
  

 
	
 3.

 	
 Availability
 of Verizon Telecommunications Services 

 
	
  

 	
  

 
	
  

 	
 3.1

 	
 Verizon will
 provide a Verizon Telecommunications Service to NUI 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 of this
 Attachment, Verizon shall have the right to add, modify, grandfather,
 discontinue or withdraw Verizon Telecommunications Services at any time,
 without the consent of NUI. 

 
	
  

 	
  

 	
  

 
	
  

 	
 3.3

 	
 To the extent
 required by Applicable Law, the Verizon Telecommunications Services to be
 provided to NUI 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 NUI. 

 
	
  

 	
  

 	
  

 
	
 4.

 	
 Responsibility
 for Charges 

 
	
  

 	
  

 
	
  

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

 


77









	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 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 NUI or NUI Customers
 for use with Verizon Telecommunications Services. 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 5.2

 	
 Branding. 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 5.2.1

 	
 Except as stated
 in Section 5.2.2 of this Attachment, in providing Verizon Telecommunications
 Services to NUI, 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 NUI to
 use Verizon’s Marks. 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 5.2.2

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

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 5.2.3

 	
 If Verizon uses a
 third-party contractor to provide Verizon Operator Services or Verizon
 Directory Assistance Services, NUI will be responsible for entering into a
 direct contractual arrangement with the third-party contractor at NUI’s
 expense (a) to obtain identification of Verizon Operator Services or Verizon
 Directory Assistance Services purchased by NUI for resale with NUI’s trade
 name, or (b) to obtain removal of Verizon Marks from Verizon Operator
 Services or Verizon Directory Assistance Services purchased by NUI for resale.
 

 
	
  

 	
  

 	
  

 	
  

 
	
 6.

 	
 Rates
 and Charges 

 
	
  

 	
  

 
	
  

 	
 The rates and
 charges for Verizon Telecommunication Services purchased by NUI for resale
 pursuant to this Attachment shall be as provided in this Attachment and the
 Pricing Attachment.

 


78





NETWORK ELEMENTS ATTACHMENT


	
  

 	
  

 	
  

 	
  

 
	
 1.

 	
 General
 

 
	
  

 	
  

 
	
  

 	
 1.1

 	
 Verizon shall
 provide to NUI, 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 NUI only to the extent
 required by Applicable Law and may decline to provide UNEs or Combinations to
 NUI to the extent that provision of such UNEs or Combinations is not required
 by Applicable Law. 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 1.2

 	
 Verizon shall be
 obligated to combine UNEs that are not already combined in Verizon’s network
 only to the extent required by Applicable Law. 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; and (b) Verizon shall
 have no obligation to construct or deploy new facilities or equipment to
 offer any UNE or Combination. Consistent with the foregoing, should NUI engage
 in a pattern of behavior that suggests that NUI either (i) knowingly induces
 Verizon Customers to order Telecommunications Services from Verizon with the
 primary intention of enabling NUI to convert those Telecommunications
 Services to UNEs or Combinations, or (ii) itself orders Telecommunications
 Services from Verizon without taking delivery of those Telecommunications
 Services in order to induce Verizon to construct facilities that NUI then
 converts to UNEs or Combinations, then Verizon will provide written notice to
 NUI that its actions suggest that NUI is engaged in a pattern of bad faith
 conduct. If NUI fails to respond to this notice in a manner that is
 satisfactory to Verizon within fifteen (15) Business Days, then Verizon shall
 have the right, with thirty (30) calendar days advance written notice to NUI,
 to institute an embargo on provision of new services and facilities to NUI.
 This embargo shall remain in effect until NUI provides Verizon with adequate
 assurances that the bad faith conduct shall cease. Should NUI repeat the
 pattern of conduct following the removal of the service embargo, then Verizon
 may elect to treat the conduct as an act of material breach in accordance
 with the provisions of this Agreement that address default. 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 1.3

 	
 NUI 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 NUI. Without limiting
 the foregoing, NUI 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 NUI in order to allow NUI to provide such Exchange Access
 services. 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 1.4

 	
 Notwithstanding
 any other provision of this Agreement: 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 1.4.1

 	
 To the extent
 Verizon is required by a change in Applicable Law to provide to NUI a UNE or
 Combination that is not offered under this Agreement to NUI 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 

 


79









	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 will be used, and
 terms, conditions and prices for pre-ordering, ordering, provisioning,
 repair, maintenance and billing) shall be as provided in an applicable
 Verizon Tariff, or, in the absence of an applicable Verizon Tariff, as
 mutually agreed in writing by the Parties.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 1.4.2

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

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 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 NUI, 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 UNE
 or Combination, Verizon may terminate its provision of such UNE or
 Combination to NUI. If Verizon terminates its provision of a UNE or a
 Combination to NUI pursuant to this Section 1.5 and NUI elects to purchase
 other services offered by Verizon in place of such UNE or Combination, then:
 (a) Verizon shall reasonably cooperate with NUI to coordinate the termination
 of such UNE or Combination and the installation of such services to minimize
 the interruption of service to Customers of NUI; and, (b) NUI 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 Network Element is (i) a Network
 Element under Applicable Law, or (ii) a Network Element Verizon is required
 by Applicable Law to provide to NUI on an unbundled basis or in combination
 with other Network Elements. 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 1.7

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

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 1.8

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

 
	
  

 	
  

 	
  

 	
  

 
	
 2.

 	
 Verizon’s
 Provision of Network Elements 

 
	
  

 	
  

 
	
  

 	
 Subject to the
 conditions set forth in Section 1 of this Attachment, in accordance with, but
 only to the extent required by, Applicable Law, Verizon shall provide NUI
 access to the following:

 
	
  

 	
  

 
	
  

 	
 2.1

 	
 Loops, as set
 forth in Section 3 of this Attachment;

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 2.2

 	
 Line Sharing, as
 set forth in Section 4 of this Attachment;

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 2.3

 	
 Line Splitting, as
 set forth in Section 5 of this Attachment;

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 2.4

 	
 Sub-Loops, as set
 forth in Section 6 of this Attachment;

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 2.5 

 	
 Inside Wire, as
 set forth in Section 7 of this Attachment; 

 


80









	
  

 	
  

 	
  

 	
  

 
	
  

 	
 2.6

 	
 Dark Fiber, as set
 forth in Section 8 of this Attachment; 

 
	
  

 	
  

 	
  

 
	
  

 	
 2.7

 	
 Network Interface
 Device, as set forth in Section 9 of this Attachment; 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 2.8

 	
 Switching
 Elements, as set forth in Section 10 of this Attachment; 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 2.9

 	
 Interoffice
 Transmission Facilities (IOF), as set forth in Section 11 of this Attachment;
 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 2.10

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

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 2.11

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

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 2.12

 	
 Other UNEs in
 accordance with Section 14 of this Attachment. 

 
	
  

 	
  

 	
  

 	
  

 
	
 3.

 	
 Loop
 Transmission Types 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 3.1

 	
 Subject to the
 conditions set forth in Section 1 of this Attachment, Verizon shall allow NUI
 to access Loops unbundled from local switching and local transport, in
 accordance with this Section 3 and the rates and charges provided in the
 Pricing Attachment. Verizon shall allow NUI access to Loops in accordance
 with, but only to extent required by, Applicable Law. The available Loop
 types are as set forth below: 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.1.1

 	
 “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 Technical Reference (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. Verizon will not build new
 facilities. 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.1.2

 	
 “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 Loop
 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. Verizon will not build new facilities. 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.1.3

 	
 “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. This Loop type is more fully described in
 American National Standards Institute (ANSI) T1.601-1998 and Verizon TR
 72575, as 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. The 2-Wire ISDN Digital Grade Loop
 is available only in the former Bell Atlantic Service Areas. In the former
 GTE Service Areas only, NUI may order a 2-Wire Digital Compatible 

 


81









	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Loop using 2-wire
 ISDN ordering codes to provide similar capability. Verizon will not build new
 facilities.

 
	
  

 	
  

 	
  

 
	
  

 	
 3.1.4

 	
 “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. This Loop type
 is more fully described in Verizon TR-72575, as revised from
 time-to-time. ADSL-Compatible Loops will be available only where existing
 copper facilities are available and meet applicable specifications. Verizon
 will not build new facilities. The upstream and downstream ADSL power
 spectral density masks and dc line power limits in Verizon TR 72575, as
 revised from time-to-time, must be met. The 2-Wire ADSL-Compatible Loop is
 available only in the former Bell Atlantic Service Areas. In the former GTE
 Service Areas only, NUI may order a 2-Wire Digital Compatible Loop using 2-
 wire ADSL ordering codes to provide similar capability. 

 
	
  

 	
  

 	
  

 
	
  

 	
 3.1.5

 	
 “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. This
 Loop type is more fully described in Verizon TR-72575, as revised from
 time-to-time. The HDSL power spectral density mask and dc line power limits referenced
 in Verizon TR 72575, as revised from time-to-time, must be met. 2-Wire
 HDSL-Compatible Loops will be provided only where existing facilities are
 available and can meet applicable specifications. The 2-Wire HDSL-Compatible
 Loop is available only in the former Bell Atlantic Service areas. In the
 former GTE Service Areas only, NUI may order a 2-Wire Digital Compatible Loop
 using 2-Wire HDSL ordering codes to provide similar capability. Verizon will
 not build new facilities. 

 
	
  

 	
  

 	
  

 
	
  

 	
 3.1.6

 	
 “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. This Loop type is more
 fully described in Verizon TR 72575, as revised from time-to-time. The HDSL
 power spectral density mask and dc line power limits referenced in Verizon TR 72575, as revised from time-to-time, must be met. 4-Wire HDSL-Compatible
 Loops will be provided only where existing facilities are available and can
 meet applicable specifications. Verizon will not build new facilities. 

 
	
  

 	
  

 	
  

 
	
  

 	
 3.1.7

 	
 “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. This Loop type
 is more fully described in ANSI T1.403 and Verizon TR 72575, as revised from
 time-to-time. DS-1-Compatible Loops will be available only where existing
 facilities can meet the specifications in ANSI T1.403 and Verizon TR 72575,
 as revised from time-to-time. Verizon will not build new facilities.

 
	
  

 	
  

 	
  

 
	
  

 	
 3.1.8

 	
 “2-Wire IDSL-Compatible Metallic Loop”
 consists of a single 2-wire non-loaded, twisted copper pair that
 meets revised resistance design criteria. This 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 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 type is more fully 

 


82









	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 described in
 T1E1.4/2000-002R3, as revised from time-to-time. This loop cannot be provided
 via UDLC. The 2-Wire IDSL-Compatible Metallic Loop is available only in the
 former Bell Atlantic Service Areas. In the former GTE Service Areas only, NUI
 may order a 2-Wire Digital Compatible Loop using ISDN ordering codes to
 provide similar capability. IDLC-compatible local loops will be provided only
 where facilities are available and can meet applicable specifications.
 Verizon will not build new facilities.

 
	
  

 	
  

 	
  

 
	
  

 	
 3.1.9

 	
 “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
 T1E1.4 loop spectrum management standard (T1E1.4/2000-002R3). This 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. This Loop type is more fully described in
 T1E1.4/2000-002R3, as revised from time-to-time. The 2- Wire SDSL-Compatible
 Loop is available only in the former Bell Atlantic Service Areas. In the
 former GTE Service Areas only, NUI may order a 2-Wire Digital Compatible Loop
 to provide similar capability. SDSL-compatible local loops will be provided
 only where facilities are available and can meet applicable specifications.
 Verizon will not build new facilities. 

 
	
  

 	
  

 	
  

 
	
  

 	
 3.1.10

 	
 “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 NUI in
 accordance with, and subject to, the technical specifications set forth in
 Verizon TR-72575, as revised from time-to-time. Verizon will not build new
 facilities. 

 
	
  

 	
  

 	
  

 
	
  

 	
 3.1.11

 	
 “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. This Loop type is more
 fully described in Verizon TR 72575, as revised from time to time. 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 build new facilities. 

 
	
  

 	
  

 	
  

 
	
  

 	
 3.1.12

 	
 In the former Bell
 Atlantic Service Areas only, “Digital Designed Loops” are comprised of
 designed loops that meet specific NUI 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: 

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.1.12.1

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

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.1.12.2

 	
 a 2W ADSL Loop of
 12k to 18k ft. with an option to remove bridged tap (such a Loop with the bridged
 tap so removed shall be deemed to be a “2W ADSL Compatible Loop”);

 


83









	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.1.12.3

 	
 a 2W ADSL Loop of
 less than 12k ft. with an option to remove bridged tap (such a Loop with the
 bridged tap so removed shall be deemed to be a “2W ADSL Compatible Loop”); 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.1.12.4

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.1.12.5

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.1.12.6

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.1.12.7

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.1.12.8

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.1.13

 	
 Verizon shall make
 Digital Designed Loops available NUI at the rates as set forth in the Pricing
 Attachment. 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.1.14

 	
 In the former GTE
 Service Areas only, “Conditioned Loops” are comprised of designed loops that
 meet specific NUI requirements for metallic loops over 12k ft. or for
 conditioning of 2-wire or 4-wire digital or BRI ISDN Loops. “Conditioned
 Loops” may include requests for: 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.1.14.1

 	
 a 2W Digital Loop
 with a total loop length of 12k to 30k ft., unloaded, with the option to
 remove bridged tap (such a Loop, unloaded, with bridged tap so removed shall
 be deemed to be a “2W Digital Compatible Loop”); 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.1.14.2

 	
 a 2W Digital Loop
 of 12k to 18k ft. with an option to remove load coils and/or bridged tap
 (such a Loop with load coils and/or bridged tap so removed shall be deemed to
 be a “2W Digital Compatible Loop”); 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.1.14.3

 	
 a 2W Digital or 4W
 Digital Loop of less than 12k ft. with an option to remove bridged tap (such
 a 2W Loop with bridged tap so removed shall be deemed to be a “2W Digital
 Compatible Loop”); 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.1.14.4

 	
 a 2W Digital Loop
 with Verizon-placed ISDN loop extension electronics (such a Loop with ISDN
 loop extension electronics so placed shall be deemed to be a “2W Digital
 Compatible Loop”). 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.1.15

 	
 Verizon shall make
 Conditioned Loops available to NUI at the rates as set forth in the Pricing
 Attachment. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 3.2

 	
 The following
 ordering procedures shall apply to xDSL Compatible Loops, Digital Designed
 and Conditioned Loops: 

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.2.1

 	
 NUI shall place orders
 for xDSL Compatible Loops, Digital Designed and Conditioned 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 

 


84









	
  

 	
  

 	
  

 
	
  

 	
  

 	
 with industry
 format and specifications or such format and specifications as may be agreed
 to by the Parties.

 
	
  

 	
  

 	
  

 
	
  

 	
 3.2.2

 	
 In former Bell
 Atlantic Service Areas, 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 xDSL Compatible or BRI ISDN signals. The
 results of this survey will be stored in a mechanized database and made
 available to NUI as the process is completed in each Central Office. NUI must
 utilize this mechanized loop qualification database, where available, in
 advance of submitting a valid electronic transmittal Service Order for an
 xDSL Compatible or BRI ISDN Loop. Charges for mechanized loop qualification
 information are set forth in the Pricing Attachment. In former GTE Service
 Areas, Verizon provides access to mechanized xDSL loop qualification
 information to help identify those loops that meet applicable technical
 characteristics for compatibility with xDSL Services that the CLEC may wish
 to offer to its end user Customers. NUI must access Verizon’s mechanized loop
 qualification system through the use of the on-line computer interface at www.verizon.com/wise
 in advance of submitting a valid electronic transmittal Service Order for
 xDSL service arrangements. The loop qualification information provided by
 Verizon gives NUI the ability to determine loop composition, loop length and
 may provide other loop characteristics, when present, that may indicate
 incompatibility with xDSL Services such as load coils or Digital Loop
 Carrier. Information provided by the mechanized loop qualification system
 also indicates whether loop conditioning may be necessary. It is the responsibility
 of NUI to evaluate the loop qualification information provided by Verizon and
 determine whether a loop meets NUI requirements for xDSL Service, including
 determining whether conditioning should be ordered, prior to submitting an
 Order. 

 
	
  

 	
  

 	
  

 
	
  

 	
 3.2.3

 	
 If the Loop is not
 listed in the mechanized database described in Section 3.2.2 of this
 Attachment, NUI must request a manual loop qualification, where such
 qualification is available, prior to submitting a valid electronic Service
 Order for an xDSL Compatible or BRI ISDN Loop. In general, Verizon will
 complete a manual loop qualification request within three (3) Business Days,
 although Verizon may require additional time due to poor record conditions,
 spikes in demand, or other unforeseen events. The manual loop qualification
 process is currently available in the former Bell Atlantic Service Areas
 only. 

 
	
  

 	
  

 	
  

 
	
  

 	
 3.2.4

 	
 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), NUI may
 request an Engineering Query, where available, as described in Section 3.2.7
 of this Attachment, to determine whether the result is due to characteristics
 of the loop itself (e.g., specific number and location of bridged taps, the
 specific number of load coils, or the gauge of the cable). 

 
	
  

 	
  

 	
  

 
	
  

 	
 3.2.5

 	
 Once a Loop has
 been pre-qualified, NUI will submit a Service Order pursuant to Section 3.2.1
 of this Attachment if it wishes to obtain the Loop.

 


85









	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.2.5.1

 	
 If the Loop is
 determined to be xDSL Compatible and if the Loop serving the serving address
 is usable and available to be assigned as a xDSL Compatible Loop, Verizon
 will initiate standard Loop provisioning and installation processes, and
 standard Loop provisioning intervals will apply. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.2.5.2

 	
 If the Loop is
 determined to be xDSL Compatible, but the Loop serving the service address is
 unusable or unavailable to be assigned as an xDSL Compatible Loop, Verizon
 will search the Customer’s serving terminal for a suitable spare facility. If
 an xDSL Compatible Loop is found within the serving terminal, Verizon will
 perform a Line and Station Transfer (or “pair swap”) whereby the Verizon technician
 will transfer the Customer’s existing service from one existing Loop facility
 onto an alternate existing xDSL Compatible Loop facility serving the same
 location. Verizon performs Line and Station Transfers in accordance with the
 procedures developed in the DSL Collaborative in the State of New York, NY
 PSC Case 00-C-0127. Standard intervals do not apply when Verizon performs a
 Line and Station Transfer, and additional charges shall apply as set forth in
 Appendix A. 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 3.2.6

 	
 If NUI submits a Service
 Order for an xDSL Compatible or BRI ISDN Loop that has not been prequalified,
 Verizon will query the Service Order back to NUI for qualification and will
 not accept such Service Order until the Loop has been prequalified on a
 mechanized or manual basis. If NUI submits a Service Order for an xDSL
 Compatible or BRI ISDN Loop that is, in fact, not compatible with the
 requested service (e.g. ADSL, HDSL etc.) in its existing condition, Verizon
 will respond back to NUI with a “Nonqualified” indicator and 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). 

 
	
  

 	
  

 	
  

 
	
  

 	
 3.2.7

 	
 Where NUI has
 followed the prequalification procedure described above and has determined
 that a Loop is not compatible with xDSL technologies or BRI ISDN service in
 its existing condition, it may either request an Engineering Query, where
 available, to determine whether conditioning may make the Loop compatible
 with the applicable service; or if NUI is already aware of the conditioning
 required (e.g., where NUI has previously requested a qualification and has
 obtained loop characteristics), NUI may submit a Service Order for a Digital
 Designed or Conditioned Loop. Verizon will undertake to condition or extend
 the Loop in accordance with this Section 3.2 of this Attachment upon receipt
 of NUI’s valid, accurate and pre-qualified Service Order for a Digital
 Designed Loop.

 
	
  

 	
  

 	
  

 
	
  

 	
 3.2.8

 	
 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 NUI, 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: 

 


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 3.2.8.1

 	
 Three (3) Business
 Days will be required following receipt of NUI’s valid, accurate and
 pre-qualified Service Order for a Digital Designed or Conditioned Loop to
 analyze the loop and related plant records and to create an Engineering Work
 Order. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 3.2.8.2

 	
 Upon completion of
 an Engineering Work Order, Verizon will initiate the construction order to
 perform the changes/modifications to the Loop requested by NUI. 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
 standard provisioning intervals.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.2.9

 	
 If NUI requires a
 change in scheduling, it must contact Verizon to issue a supplement to the
 original Service Order. If NUI cancels the request for conditioning after a
 loop analysis has been completed but prior to the commencement of
 construction work, NUI shall compensate Verizon for an Engineering Work Order
 charge as set forth in the Pricing Attachment. If NUI cancels the request for
 conditioning after the loop analysis has been completed and after
 construction work has started or is complete, NUI 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. 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 3.3

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

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.3.1

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

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 3.3.1.1

 	
 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 NUI does not request a
 coordinated cutover, Verizon will process NUI’s order as a new installation
 subject to applicable standard provisioning intervals. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 3.3.1.2

 	
 NUI 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 NUI 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, NUI and Verizon shall
 mutually agree on a New Conversion Time, as defined below. NUI shall
 designate the Scheduled Conversion Time subject to Verizon standard
 provisioning intervals as stated in the Verizon CLEC 

 


87









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 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 NUI the scheduled due date for conversion of the Analog
 2W Loops covered by such LSR.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.3.1.3

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.3.1.4

 	
 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 Business Day, and any two New Conversion Times for a
 particular Analog 2W Loop shall differ by at least eight (8) hours, unless
 otherwise agreed to by the Parties. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.3.1.5

 	
 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: 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 3.3.1.5.1

 	
 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 credited upon request from
 NUI; and 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 3.3.1.5.2

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.3.1.6

 	
 If NUI 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 NUI will reschedule and, upon request from NUI,
 Verizon will credit the Analog 2W Loop Service Order Charge for the original
 Scheduled Conversion Time. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.3.1.7

 	
 The standard time
 interval expected from disconnection of a live Telephone Exchange Service to
 the connection of the Analog 2W Loops to NUI 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. 

 


88









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 3.3.1.8

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 3.3.1.9

 	
 If NUI 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. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 3.4

 	
 Cooperative
 Testing. 

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 In the former Bell
 Atlantic Service Areas only, NUI may request Cooperative Testing in
 conjunction with its request for an xDSL Compatible Loop or Digital Designed
 Loop. “Cooperative Testing” is a procedure whereby a Verizon technician and a
 NUI technician jointly verify that an xDSL Compatible Loop or Digital
 Designed Loop is properly installed and operational prior to Verizon’s
 completion of the order. NUI* may request, at its option, Cooperative Testing
 by entering a toll-free (e.g. 800) number in the Remarks field of the LSR of
 an xDSL Compatible or Digital Designed Loop Service Order, and the Verizon
 technician will call the toll-free number to perform the Cooperative Test.
 When both the Verizon and NUI technicians agree that the Loop test shows that
 the Loop is operational, the NUI technician will provide the Verizon
 technician with a serial number to acknowledge that the Loop is operational.
 Charges for Cooperative Testing are as set forth in Appendix A.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 3.5

 	
 Verizon shall
 provide NUI access to its Loops at each of Verizon’s Wire Centers for Loops
 terminating in that Wire Center. In addition, if NUI 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
 available, at no additional charge to NUI. If, however, no spare physical
 Loop is available, Verizon shall within three (3) Business Days of NUI’s
 request notify NUI of the lack of available facilities. Upon request and to
 the extent required by Applicable Law, Verizon will provide NUI access to the
 unbundled Local Loop through the demultiplexing of the integrated digitized
 Loop(s). Upon request and to the extent required by Applicable Law, Verizon
 will provide NUI access to the unbundled Local Loop 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 3.5. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 4.

 	
 Line
 Sharing 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 4.1

 	
 “Line Sharing” is
 an arrangement by which Verizon facilitates NUI’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 Regulations, 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 NUI, solely for NUI’s own
 use, the frequency range above the voice band on the same copper Loop
 required by NUI to provide such services. This Section 4 addresses line
 sharing over loops that are entirely copper loops. 

 


89









	
  

 	
  

 	
  

 	
  

 
	
  

 	
 4.2

 	
 Subject to the
 conditions set forth in Section 1 of this Attachment, Verizon shall provide
 Line Sharing to NUI for NUI’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
 Regulations. Verizon shall provide Line Sharing to NUI in accordance with,
 but only to the extent required by, Applicable Law. 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 Regulations; (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 NUI 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 NUI at the rates and charges 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 Regulations); (ii) engineering query charges,
 engineering work order charges, or Loop conditioning (Digital Designed or
 Conditioned Loop) charges; (iii) charges associated with Collocation
 activities requested by NUI; 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: 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 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. NUI must utilize the Loop
 qualification processes described in the terms applicable to xDSL Compatible
 Loops, Digital Designed Loops and Conditioned Loops to make this
 determination. 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 4.4.2

 	
 NUI 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 NUI through the Verizon Loop prequalification tools, and if a
 positive response is received and followed by receipt of NUI’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. In such
 case, Verizon shall initiate provisioning and installation in accordance with
 the terms pertaining to xDSL Compatible Loops, Digital Designed Loops and
 Conditioned Loops pursuant to Section 3.2.5 of this Attachment. 

 


90









	
  
 	
  
 	
  
 
	
  
 	
 4.4.4
 	
 If the Loop
 requires qualification manually or through an Engineering Query, three (3)
 additional Business Days will generally be required to obtain Loop
 qualification results before an order confirmation can be returned following
 receipt of NUI’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 NUI orders
 such conditioning, then Verizon shall provide such conditioning in accordance
 with the terms of this Agreement pertaining to Digital Designed or
 Conditioned Loops; or if this Agreement does not contain provisions
 pertaining to Digital Designed or Conditioned Loops, then in accordance with
 Verizon’s generally available rates, terms and conditions applicable to
 Digital Designed or Conditioned Loops; provided, however, that Verizon shall
 not be obligated to provide Loop conditioning if Verizon establishes, in the
 manner required by Applicable Law, that 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 and Conditioned Loops, as
 referenced in Section 4.4.5 of this Attachment. The standard provisioning
 interval for the Line Sharing arrangement shall be as set out in the Verizon
 Product Interval Guide; provided that the standard provisioning interval for
 the Line Sharing arrangement shall not exceed the shortest of the following
 intervals: (a) six (6) Business Days; (b) the standard provisioning interval
 for the Line Sharing arrangement that is stated in an applicable Verizon
 Tariff; or, (c) the standard provisioning interval for the Line Sharing arrangement
 that is required by Applicable Law, if any. The standard provisioning
 interval for the Line Sharing arrangement shall commence only once any
 requested engineering and conditioning tasks have been completed. The
 standard provisioning interval shall not apply where a Line and Station
 Transfer is performed pursuant to Section 3.2.5.2. In no event shall the Line
 Sharing interval offered to NUI be longer than the interval offered to any
 similarly situated Affiliate of Verizon. 
 
	
  
 	
  
 	
  
 
	
  
 	
 4.4.7
 	
 NUI 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 (POT) Bay, 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 order to minimize provisioning
       problems and facility issues. NUI will provide reasonable, timely, and
       accurate forecasts of its Line Sharing requirements, including splitter
    placement elections and ordering 


91









	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 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, NUI 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, NUI 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 NUI
 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. NUI’s
 deployment of additional Advanced Services shall be subject to the applicable
 FCC Regulations. 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 4.7

 	
 NUI 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. NUI is responsible for providing, through
 one of the splitter options described below, a splitter at that Wire Center
 that complies with ANSI specification T1.413, 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 operates so that the analog voice “dial tone”
 stays active when the splitter card is removed for testing or maintenance.
 NUI 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 NUI and must satisfy the same NEBS requirements that Verizon imposes on
 its own splitter equipment or the splitter equipment of any Verizon
 Affiliate. NUI 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 NUI submits an order for Line
 Sharing.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 Splitter Option A
 (Splitter Option 1): Splitter in NUI Collocation Area

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

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

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 Splitter Option C
 (Splitter Option 2): Splitter in Verizon Area

 


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 In this
 configuration, Verizon inventories and maintains a NUI-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 employs the use of a POT
 Bay for interconnection
 of NUI’s Collocation arrangement with Verizon’s network, 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 the POT Bay and the splitter. Installation of the
 splitter will be performed by Verizon or, at NUI’s election, by a
 Verizon-approved vendor designated by NUI.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 In those serving
 End Offices where Verizon does not employ a POT Bay for interconnection of NUI’s Collocation arrangement
 with Verizon’s network, the NUI provided splitter will be installed
 (mounted) in a relay rack between the NUI Collocation
 arrangement and the MDF. The demarcation point is at the splitter end of the cable connecting the NUI Collocation
 arrangement and the splitter. Installation
 of the splitter will be performed by Verizon, or, at NUI’s election, by a Verizon-approved
 vendor designated by NUI.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 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 NUI upon completion of the required
 work.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 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. NUI must
 submit a new Collocation application, with
 the application fee, to Verizon detailing its request. Except as
 otherwise required by Applicable Law, standard Collocation intervals will
 apply.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 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 NUI’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. NUI 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

 	
 NUI will have the
 following options for testing shared Loops:

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 4.8.1

 	
 In
 serving End Offices where Verizon employs a POT Bay for interconnection
 of NUI Collocation arrangement with Verizon’s network, the following options shall be available
 to NUI.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 4.8.1.1

 	
 Under Splitter
 Option A, NUI may conduct its own physical tests
 of the shared Loop from NUI’s collocation area. If it chooses to do so, NUI 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

 


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 equipment
 of any Verizon Affiliate; and (b) the test head does not
 interrupt the voice circuit to any greater degree than a
 conventional MLT test. Specifically, the NUI-provided test equipment may
 not interrupt an in-in-progress voice connection and must
 automatically restore any circuits tested in intervals comparable to MLT. This
 optional NUI-provided test head will be
 installed in NUI’s Collocation area 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 C, upon request by NUI, either Verizon or, at NUI’s election, a
 Verizon-approved vendor selected by NUI
 will install a NUI-provided test head to enable NUI to conduct remote physical tests of the shared Loop. This optional NUI-provided test head will
 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
 NUI-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 NUI-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 NUI-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 NUI during normal trouble isolation procedures in
 accordance with reasonable procedures.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 4.8.1.4

 	
 Under either
 Splitter Option, upon request by NUI, Verizon will make MLT access available to NUI via RETAS after the Service Order has been completed. NUI will
 utilize the circuit number to initiate a test.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 4.8.1.5

 	
 Where Verizon has
 deployed Wideband Test equipment (i.e.,
 Verizon-East), under either Splitter Option, upon request by NUI, Verizon shall perform a
 Wideband Test to diagnose troubles
 and provide NUI with the test results during the trouble shooting process. Charges for Wideband Testing
 are as set forth in Appendix A.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 4.8.2

 	
 In those serving End Offices where Verizon has not employed a POT Bay for interconnection of NUI’s
 Collocation arrangement with Verizon’s
 network, NUI will not be permitted to supply its own test head. Instead, Verizon will make a testing
 system available to NUI through use of the on-line computer interface
 test system at www.verizon.com/wise.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 4.8.3

 	
 The
 Parties will continue to work cooperatively on testing procedures. To this end,
 in situations where NUI has attempted to use one or more 

 


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 of the foregoing testing options but is still unable to resolve the
 error or trouble
 on the shared Loop, Verizon and NUI will each dispatch a 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 NUI should
 reasonably have been able to isolate and diagnose through one of the testing options available to NUI above. The Parties will mutually agree upon the
 specific procedures for conducting joint meet tests.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 4.8.4

 	
 Verizon
 and NUI each have a responsibility to educate the Customer regarding
 which service provider should be called for problems with their
 respective 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
 premises and the point of demarcation in the Central Office. NUI will be responsible for repairing services
 it offers over the Line Sharing arrangement. Each Party will be responsible
 for maintaining its own equipment. If a splitter or test head that NUI
 has provided to Verizon malfunctions, NUI shall provide a replacement
 splitter or test head to Verizon. Before either Party initiates any activity
 on a shared Loop that may cause a
 disruption of the 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 NUI 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
 NUI’s Advanced Services. Verizon will not repair any CPE provided by NUI. Before a trouble ticket is issued to Verizon,
 NUI shall validate whether the
 Customer is experiencing a trouble that arises from NUI’s 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 NUI’s equipment, splitter problems, or
 NUI’s activities, Verizon will:

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 4.8.6.1

 	
 Notify NUI and
 request that NUI immediately test the trouble on NUI’s 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 NUI 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 NUI’s service.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 4.8.6.3

 	
 Upon completion of
 the steps in Sections 4.8.6.1 and 4.8.6.2
 of this Attachment, Verizon may temporarily remove the NUI-provided
 splitter from the Customer’s Loop and 

 


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 switch
 port if Verizon determines in good faith that the cause of the voice interruption is
 NUI’s service.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 4.8.6.4

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 4.8.6.5

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 4.8.6.6

 	
 Verizon shall not
 be liable to NUI, the Customer, or any other
 person, for damages of any kind for disruptions to NUI’s service that are the result of the above
 steps taken in good faith to restore
 the end user’s voice-grade POTS service, and NUI 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 supporting Verizon OSS to order and combine in a Line Splitting configuration an
 unbundled xDSL Compatible 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 Network Elements utilized in the pre-existing platform arrangement, or seeking to
 migrate a Line Sharing arrangement to a Line Splitting configuration
 using the existing Loop, a Verizon Local Switching
 Network Element, and the existing central office wiring configuration, 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

 	
 Unbundled
 Sub-Loop Arrangement– Distribution (USLA).

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Subject
 to the conditions set forth in Section 1 of this Attachment and upon request by
 NUI, Verizon shall provide NUI with access to a Sub-Loop Distribution Facility in
 accordance with, and subject to, the terms and provisions of this Section 6.1,
 the rates set forth in the Pricing Attachment, and the rates, terms and
 conditions set forth in Verizon’s applicable Tariffs. Verizon shall provide
 NUI with access to a Sub-Loop Distribution Facility in accordance with,
 but only to the extent
 required by, Applicable Law.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 6.1.1

 	
 NUI
 may request that Verizon reactivate (if available) an unused drop and NID or
 provide NUI with access to a drop and NID that, at the time

 


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 of NUI’s request, Verizon is using to provide service to the Customer
 (as such term is hereinafter defined.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 6.1.2

 	
 NUI may obtain
 access to a Sub-Loop Distribution Facility only at an FDI and only from a Telecommunications outside plant
 interconnection cabinet (TOPIC)
 or, if NUI is collocated at a remote terminal equipment enclosure and the FDI for such Sub-Loop
 Distribution Facility is located in such enclosure, from the
 collocation arrangement of NUI at such terminal.
 To obtain access to a Sub-Loop Distribution Facility, NUI shall install a TOPIC on an easement or Right
 of Way obtained by NUI within 100 feet of the Verizon FDI to which such
 Sub-Loop Distribution Facility is
 connected. A TOPIC 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 NUI TOPIC and Verizon shall install a
 termination block within such TOPIC.
 Verizon shall retain title to and maintain the interconnecting cable.
 Verizon shall not be responsible for building, maintaining or servicing the TOPIC and shall not provide any power that might be required by NUI for any
 electronics in the TOPIC. NUI 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.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 6.1.3

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

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 6.1.4

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

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 USLA Project
 Manager

 
	
  

 	
  

 	
  

 	
  

 	
 Verizon

 
	
  

 	
  

 	
  

 	
  

 	
 Room 509

 
	
  

 	
  

 	
  

 	
  

 	
 125 High Street

 
	
  

 	
  

 	
  

 	
  

 	
 Boston, MA 02110

 
	
  

 	
  

 	
  

 	
  

 	
 E-Mail:
 Collocation.applications@Verizon.com

 


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 6.1.5

 	
 Within
 sixty (60) days after it receives a complete Sub-Loop Distribution Facility
 Interconnection Application for access to a Sub-Loop Distribution Facility and the
 Sub-Loop Distribution Facility Application Fee
 for such application, Verizon shall provide to NUI a work order that describes the work that Verizon must perform to
 provide such access (a “Sub-Loop
 Distribution Facility Work Order”) and a statement of the cost of such work (a “Sub-Loop Distribution
 Facility Interconnection Cost Statement”).

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 6.1.6

 	
 NUI shall pay to
 Verizon fifty percent (50%) of the cost set forth in a Sub-Loop Distribution Facility Interconnection Cost
 Statement within sixty (60) days of NUI’s receipt of such statement and
 the associated Sub-Loop Distribution
 Facility 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 Distribution Facility Interconnection
 Application shall be deemed to have been withdrawn if NUI breaches its payment obligation under this
 Section. Upon Verizon ‘s completion
 of the work that Verizon must perform to provide NUI with access to a
 Sub-Loop Distribution Facility, Verizon shall bill NUI, and NUI shall pay to Verizon, the balance of the
 cost set forth in the Sub-Loop
 Distribution Facility Interconnection Cost Statement for such access.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 6.1.7

 	
 After
 Verizon has completed the installation of the interconnecting cable to a NUI
 TOPIC and NUI has paid the full cost of such installation, NUI can request the connection of
 Verizon Sub-Loop Distribution Facilities to
 the NUI TOPIC. At the same time, NUI shall advise Verizon of the services that NUI plans to provide over the
 Sub-Loop Distribution Facility,
 request any conditioning of the Sub-Loop Distribution Facility and assign the
 pairs in the interconnecting cable. NUI shall run any crosswires
 within the TOPIC.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 6.1.8

 	
 If
 NUI requests that Verizon reactivate an unused drop and NID, then NUI shall provide
 dial tone (or its DSL equivalent) on the NUI 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 Distribution Facility to the
 NUI dial tone or equivalent from the TOPIC. If NUI requests that Verizon provide NUI with access to a Sub-Loop Distribution Facility that, at the time of NUI’s
 request, Verizon is using to provide service to a Customer, then,
 after NUI has looped two interconnecting
 pairs through the TOPIC and at least twenty four (24) hours before the due date, a Verizon technician
 shall crosswire the dial tone from
 the Verizon central office through the Verizon side of the TOPIC and back out again to the Verizon FDI and
 Verizon Sub-Loop Distribution
 Facility using the “loop through” approach. On the due date, NUI shall disconnect Verizon’s dial tone,
 crosswire its dial tone to the
 Sub-Loop Distribution Facility and submit NUI’s long-term number portability
 request.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 6.1.9

 	
 Verizon
 will not provide access to a Sub-Loop Distribution Facility if Verizon is
 using the loop of which the Sub-Loop Distribution Facility 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

 


98









	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 Customer
 first disconnects the service that utilizes derived channel technology.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 6.1.10

 	
 Verizon shall
 provide NUI with access to a Sub-Loop Distribution Facility in accordance
 with negotiated intervals

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 6.1.11

 	
 Verizon shall repair and maintain a Sub-Loop Distribution Facility at
 the request
 of NUI and subject to the time and material rates set forth in Pricing
 Attachment and the rates, terms and conditions of Verizon’s applicable Tariffs. NUI accepts responsibility
 for initial trouble isolation for
 Sub-Loop Distribution Facilities and providing Verizon with appropriate dispatch information based on its
 test results. If (a) NUI reports
 to Verizon a Customer trouble, (b) NUI requests a dispatch, (c) Verizon dispatches a technician, and (d) such
 trouble was not caused by Verizon
 Sub-Loop Distribution Facility facilities or equipment in whole or in part, NUI shall pay Verizon the
 charges set forth in the Pricing
 Attachment and Verizon’s applicable Tariffs for time associated with said dispatch. In addition, these charges
 also apply when the Customer
 contact as designated by NUI is not available at the appointed time. If as
 the result of NUI instructions, Verizon is erroneously requested to dispatch to a site on Verizon company premises (“dispatch in”), the charges set forth
 in Pricing Attachment and Verizon’s applicable Tariffs will be
 assessed per occurrence to NUI by Verizon.
 If as the result of NUI instructions, Verizon is erroneously requested to dispatch to a site
 outside of Verizon company premises (“dispatch out”), the charges set
 forth in Pricing Attachment and Verizon’s
 applicable Tariffs will be assessed per occurrence to NUI by Verizon.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 6.2

 	
 Unbundled
 Feeder Sub-Loop – Element (UFSE).

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 6.2.1

 	
 Subject
 to the conditions set forth in Section 1 of this Attachment and upon request
 by NUI, Verizon shall provide NUI with access to a Sub-Loop Feeder
 Facility in accordance with, and subject to, the terms and provisions of this Section 6.2,
 the rates and charges provided in the Pricing
 Attachment and the rates, terms and conditions of Verizon’s applicable
 Tariffs.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 6.2.2

 	
 NUI may obtain
 access to a Sub-Loop Feeder Facility only from a NUI collocation arrangement in the Verizon End Office where such Sub-Loop
 Feeder Facility originates and Verizon shall terminate a Sub-Loop
 Feeder Facility in an RTEE that subtends such End Office only if NUI has a collocation arrangement in such RTEE.
 Upon NUI’s request, Verizon will connect a Sub-Loop Feeder Facility to
 a NUI collocation arrangement in the
 Verizon End Office where the Sub-Loop Feeder Facility originates and to either a NUI collocation arrangement
 in the Verizon RTEE that subtends such End Office or a Telecommunications Carrier Outside Plant Cabinet
 (such a cabinet, a “TOPIC”) located
 within 100 feet of the FDI that subtends the End Office and that NUI
 has established in accordance with, and subject to the terms and provisions of, an agreement between Verizon and NUI that governs the establishment of such TOPIC.
 Verizon shall connect a Sub-Loop Feeder Facility to the point of
 termination bay of a NUI collocation arrangement in a Verizon Central Office
 or to a NUI TOPIC, by installing
 appropriate cross connections and Verizon shall be solely responsible for installing such cross
 connections. NUI may obtain access to a Sub-Loop Feeder Facility
 between an End Office and an 

 


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 RTEE or an FDI only if DS1 or DS3-capable transmission facilities are
 available
 and not in use between such office and RTEE or FDI.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 6.2.3

 	
 NUI
 shall run any crosswires within a NUI physical collocation arrangement
 and a NUI TOPIC and NUI will have sole responsibility for identifying to Verizon where a
 Sub-Loop Feeder Facility should be connected to a NUI collocation
 arrangement. NUI shall be solely responsible
 for providing power and space for any cross connects and other equipment that Verizon installs in a
 TOPIC, and NUI shall not bill Verizon,
 and Verizon shall not pay NUI, for providing such power and space.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 6.2.4

 	
 Verizon
 shall not be obligated to provide to NUI any multiplexing at an RTEE or at a TOPIC. If NUI
 requests access to a Sub-Loop Feeder Facility
 and a Sub-Loop Distribution Facility that are already combined, such combination shall be deemed to be a loop and
 Verizon shall provide such loop to
 NUI in accordance with, but only to the extent required by, the terms, provisions and rates in this Agreement that govern
 loops, if any.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 6.2.5

 	
 Verizon
 shall provide NUI with access to Sub-Loop Feeder Facility in accordance with negotiated
 intervals.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 6.2.6

 	
 Verizon
 shall repair and maintain a Sub-Loop Feeder Facility at the request of NUI
 and subject to the time and material rates set forth in the Pricing
 Attachment and the rates, terms and conditions of Verizon’s applicable
 Tariffs. NUI may not rearrange, disconnect, remove or attempt to
 repair or maintain any Verizon equipment or facilities without the prior
 written consent of Verizon. NUI accepts responsibility for initial
 trouble isolation for Sub-Loop Feeder Facilities and providing Verizon with
 appropriate dispatch information based on its test results. If (a) NUI
 reports to Verizon a trouble, (b) NUI requests a dispatch, (c) Verizon
 dispatches a technician, and (d) such trouble was not caused by Sub-Loop
 Feeder Facilities or equipment in whole or in part, then NUI shall pay
 Verizon the charges set forth in Pricing Attachment and Verizon’s
 applicable Tariffs for time associated with said dispatch. In addition,
 these charges also apply when a NUI contact as designated by NUI is not available at the
 appointed time. If as the result of NUI instructions,
 Verizon is erroneously requested to dispatch to a site on Verizon company premises (“dispatch in”), the
 charges set forth in Pricing
 Attachment and Verizon’s applicable Tariffs will be assessed per occurrence to NUI by Verizon. If as the
 result of NUI instructions, Verizon
 is erroneously requested to dispatch to a site outside of Verizon company
 premises (“dispatch out”), the charges set forth in Pricing Attachment and
 Verizon’s applicable Tariffs will be assessed per occurrence to NUI by
 Verizon.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 6.3

 	
 Collocation in
 Remote Terminals.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 To the extent
 required by Applicable Law, Verizon shall allow NUI 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 and the Pricing Attachment.

 
	
  

 	
  

 	
  

 
	
 7.

 	
 Inside
 Wire

 
	
  

 	
  

 
	
  

 	
 7.1

 	
 House and Riser.

 


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 [This
 Section Intentionally Left Blank]. 

 
	
  

 	
  

 	
  

 
	
 8.

 	
 Dark
 Fiber

 
	
  

 	
  

 
	
  

 	
 8.1

 	
 Subject to the
 conditions set forth in Section 1 of this Attachment and upon request by NUI, Verizon shall provide NUI with
 access to unbundled Dark Fiber Loops,
 Dark Fiber Sub-Loops and Dark Fiber IOF in accordance with, and subject to, the rates, terms and conditions
 provided in the Pricing Attachment and rates, terms and conditions of
 Verizon’s applicable Tariffs. Access to unbundled Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF will be
 provided by Verizon only where
 existing facilities are available at the requested availability date.
 Access to Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF 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 offerings.

 
	
  

 	
  

 	
  

 
	
  

 	
 8.2

 	
 In addition to the
 other terms and conditions of this Agreement, the following terms and conditions shall apply to Dark Fiber
 Loops, Dark Fiber Sub-Loops and Dark Fiber IOF:

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.2.1

 	
 Verizon
 shall be required to provide a Dark Fiber Loop only where one end of the
 Dark Fiber Loop terminates at a Verizon accessible terminal in Verizon’s
 Central Office that can be cross-connected to NUI’s collocation arrangement
 located in that same Verizon Central Office and the other end terminates
 at Verizon’s accessible terminal located in Verizon’s main termination
 point in the Customer premises in the same serving wire center. Verizon shall be required
 to provide a Dark Fiber Sub-Loop only where (1) one end of the Dark Fiber
 Sub-Loop terminates at Verizon’s accessible terminal in Verizon’s Central
 Office that can be cross-connected to
 NUI’s collocation arrangement located in that same Verizon Central
 Office and the other end terminates at Verizon’s
 accessible terminal at a Verizon remote terminal equipment enclosure that can be cross-connected to NUI’s
 collocation arrangement or adjacent
 structure, or (2) one end of the Dark Fiber Sub-Loop terminates at Verizon’s accessible terminal located at Verizon’s main termination point located within
 the Customer premises and the other
 end terminates at Verizon’s accessible terminal at a Verizon remote terminal equipment enclosure that
 can be cross-connected to NUI’s collocation arrangement or adjacent
 structure, or (3) one end of the
 Dark Fiber Sub-Loop terminates at Verizon’s accessible terminal at a
 Verizon remote terminal equipment enclosure that
 can be cross-connected to NUI’s collocation arrangement or adjacent structure and the other end terminates
 at Verizon’s accessible terminal at
 another Verizon remote terminal equipment enclosure that can be cross-connected to NUI’s collocation
 arrangement or adjacent structure. A NUI demarcation point at a
 Customer premises shall be established in
 the main telco room of the Customer premises if Verizon is located in that room or, if the building does
 not have a main telco room or if
 Verizon is not located in that room, then at a location to be determined by Verizon. A NUI demarcation point at
 a Customer premises shall be
 established at a location that is no more than 30 feet from Verizon’s accessible terminal on which the
 Dark Fiber Loop or Dark Fiber
 Sub-Loop terminates. Verizon shall connect a Dark Fiber Loop or Dark
 Fiber Sub-Loop to the NUI demarcation point by installing a fiber jumper no
 greater than 30 feet in length.

 


101









	
  

 	
  

 	
  

 
	
  

 	
 8.2.2

 	
 NUI
 may access a Dark Fiber Loop, a Dark Fiber Sub-Loop, or Dark Fiber IOF
 only at a pre-existing Verizon accessible terminal of such Dark Fiber
 Loop, Dark Fiber Sub-Loop or Dark Fiber IOF, and NUI may not access a
 Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF at any other point,
 including, but not limited to, a splice point or case. Dark Fiber
 Loops, Dark Fiber Sub-Loops and Dark Fiber IOF are not available to NUI unless such Dark
 Fiber Loops, Dark Fiber Sub-Loops or Dark
 Fiber IOF are already terminated on an existing Verizon accessible terminal. Except where required by
 Applicable Law, Verizon will not
 introduce additional splice points or open existing splice points or cases to accommodate NUI’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 panel, are not available to NUI.

 
	
  

 	
  

 	
  

 
	
  

 	
 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 Loops, Dark
 Fiber Sub-Loops and Dark Fiber IOF
 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 (1) a cross connect or a fiber jumper from a Verizon
 accessible terminal to a NUI collocation arrangement
 or (2) from a Verizon accessible terminal to NUI’s demarcation point at a Customer premises or NUI
 Central Office.

 
	
  

 	
  

 	
  

 
	
  

 	
 8.2.5

 	
 A
 Dark Fiber Inquiry must be submitted prior to submitting an ASR. Upon receipt
 of the completed Dark Fiber Inquiry, Verizon will initiate a review of its cable records to
 determine whether Dark Fiber Loop, Dark Fiber
 Sub-Loop or Dark Fiber IOF may be available between the locations and in the quantities specified.
 Verizon will respond within fifteen
 (15) Business Days from receipt of the NUI’s request, indicating whether Dark Fiber Loop, Dark Fiber Sub-Loop or
 Dark Fiber IOF 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. The Dark Fiber Inquiry is a record search and does not guarantee the availability of Dark
 Fiber Loops, Dark Fiber Sub-Loops or Dark Fiber IOF.

 
	
  

 	
  

 	
  

 
	
  

 	
 8.2.6

 	
 NUI
 shall order Dark Fiber Loops, Dark Fiber Sub-Loops or Dark Fiber IOF by sending to Verizon a
 separate ASR for each A to Z route.

 
	
  

 	
  

 	
  

 
	
  

 	
 8.2.7

 	
 Access to Dark
 Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF that terminate in a
 Verizon premises must be accomplished via a collocation arrangement in that
 premises. In circumstances where collocation
 cannot be accomplished in the premises, the Parties agree to negotiate
 for possible alternative arrangements.

 
	
  

 	
  

 	
  

 
	
  

 	
 8.2.8

 	
 A
 Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF will be offered to
 NUI in the condition that it is available in Verizon’s network at the time that NUI submits its
 request (i.e., “as is”). In addition, Verizon shall not be required to convert lit fiber to a Dark Fiber Loop, Dark Fiber
 Sub-Loop or Dark Fiber IOF for NUI’s use.

 
	
  

 	
  

 	
  

 
	
  

 	
 8.2.9

 	
 Spare wavelengths
 on fiber strands, where Wave Division Multiplexing (WDM) or Dense Wave Division Multiplexing (DWDM) equipment is
 deployed, are not considered to be Dark Fiber Loops, Dark Fiber Sub-

 


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 Loops
 or Dark Fiber IOF, and, therefore, will not be offered to NUI as Dark Fiber
 Loops, Dark Fiber Sub-Loops or Dark Fiber IOF.

 
	
  

 	
  

 	
  

 
	
  

 	
 8.2.10

 	
 Fiber that has been assigned to fulfill a Customer order or for maintenance
 purposes will not be offered to NUI as Dark Fiber Loops, Dark Fiber
 Sub-Loops or Dark Fiber IOF.

 
	
  

 	
  

 	
  

 
	
  

 	
 8.2.11

 	
 NUI shall be responsible for providing all transmission, terminating
 and regeneration equipment necessary to light and use Dark Fiber Loops, Dark Fiber
 Sub-Loops, or Dark Fiber IOF.

 
	
  

 	
  

 	
  

 
	
  

 	
 8.2.12

 	
 NUI
 may not resell Dark Fiber Loops, Dark Fiber Sub-Loops or Dark Fiber IOF,
 purchased pursuant to this Agreement to third parties.

 
	
  

 	
  

 	
  

 
	
  

 	
 8.2.13

 	
 Except to the
 extent that Verizon is required by Applicable Law to provide Dark Fiber Loops, Dark Fiber Sub-Loops or Dark Fiber IOF to NUI for use for Special or Switched Exchange
 Access Services, NUI shall not use
 Dark Fiber Loops, Dark Fiber Sub-Loops or Dark Fiber IOF, for Special or Switched Exchange Access
 Services.

 
	
  

 	
  

 	
  

 
	
  

 	
 8.2.14

 	
 In
 order to preserve the efficiency of its network, Verizon will limit NUI to leasing up to
 a maximum of twenty-five percent (25%) of the Dark Fiber Loops,
 Dark Fiber Sub-Loops or Dark Fiber IOF in any given segment of
 Verizon’s network. 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:

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.2.14.1

 	
 Revoke Dark Fiber Loops, Dark Fiber Sub-Loops or Dark Fiber IOF
 leased to NUI upon a showing of need to the Commission and twelve (12)
 months’ advance written notice to NUI; and

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.2.14.2

 	
 Revoke Dark Fiber Loops, Dark Fiber Sub-Loops or Dark Fiber IOF
 leased to NUI upon a showing to the Commission that NUI
 underutilized fiber within any twelve (12) month period;

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.2.14.3

 	
 Verizon
 reserves and shall not waive, Verizon’s right to claim before
 the Commission that Verizon should not have to fulfill a NUI order for
 Dark Fiber Loops, Dark Fiber Sub-Loops, or Dark Fiber IOF
 because that request would strand an unreasonable amount of fiber capacity, disrupt
 or degrade service to Customers or
 carriers other than NUI, or impair
 Verizon’s ability to meet a legal obligation.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 8.2.15

 	
 NUI may not reserve Dark Fiber Loops, Dark Fiber Sub-Loops, or Dark Fiber IOF.

 
	
  

 	
  

 	
  

 
	
  

 	
 8.2.16

 	
 NUI shall be solely responsible for: (a) determining whether or not
 the transmission characteristics of the Dark Fiber Loop,
 Dark Fiber Sub-Loop or Dark Fiber IOF accommodate the requirements of
 NUI; (b) obtaining any Rights of Way, governmental or private
 property permit, easement or other authorization or approval
 required for access to the Dark Fiber Loop, Dark Fiber
 Sub-Loop or Dark Fiber IOF; (c) installation of fiber optic
 transmission equipment needed to power the Dark Fiber Loop, Dark Fiber
 Sub-Loop or Dark Fiber IOF to transmit Telecommunications Services
 traffic; (d) installation of a demarcation

 


103









	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 point
 in a building where a Customer is located; and (e) NUI’s collocation
 arrangements with any proper optical cross connects or other
 equipment that NUI needs to access Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF before
 it submits an order for such access. NUI
 hereby represents and warrants that it shall have all such rights of way,
 authorizations and the like applicable to the geographic location at which it wishes to establish a
 demarcation point for dark fiber,
 on or before the date that NUI places an order for the applicable dark
 fiber, and that it shall maintain the same going forward.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.2.17

 	
 NUI
 is responsible for trouble isolation before reporting trouble to Verizon.
 Verizon will restore continuity to Dark Fiber Loops, Dark Fiber Sub-Loops and
 Dark Fiber IOF that have been broken. Verizon will not repair a Dark
 Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF that is capable of
 transmitting light, even if the transmission characteristics of the Dark
 Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF have changed.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.2.18

 	
 NUI
 is responsible for all work activities at the Customer premises. Except as
 otherwise required by Applicable Law, all negotiations with the premises owner are solely the
 responsibility of NUI.

 
	
  

 	
  

 	
  

 	
  

 
	
 9.

 	
 Network
 Interface Device

 
	
  

 	
  

 
	
  

 	
 9.1

 	
 Subject to the
 conditions set forth in Section 1 of this Attachment and upon request by NUI, Verizon shall permit NUI to
 connect a NUI Loop to the Inside Wiring
 of a Customer’s premises through the use of a Verizon NID in accordance with this Section 9 and the rates and charges
 provided in the Pricing Attachment. Verizon
 shall provide NUI with access to NIDs in accordance with, but only to the extent required by, Applicable Law. NUI may
 access a Verizon NID either by means of a connection (but only if the use of
 such connection is technically feasible)
 from an adjoining NUI NID deployed by NUI or, if an entrance module is available in the Verizon NID, by connecting a
 NUI Loop to the Verizon NID. In all cases,
 Verizon shall perform this 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
 NUI 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
 NUI access, remove, disconnect or in any other way rearrange, a Customer’s Inside Wiring from Verizon’s NIDs,
 enclosures, or protectors where such
 Customer Inside Wiring is used in the provision of ongoing Telecommunications
 Service to that Customer.

 
	
  

 	
  

 	
  

 
	
  

 	
 9.4

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

 
	
  

 	
  

 	
  

 
	
  

 	
 9.5

 	
 In no case shall
 NUI 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 Wiring must be resolved by the person who controls use of the
 wiring (e.g., the Customer).

 


104









	
  

 	
  

 	
  

 	
  

 
	
  

 	
 9.7

 	
 When NUI is
 connecting a NUI-provided Loop to the Inside Wiring of a Customer’s premises through the Customer’s side
 of the Verizon NID, NUI does not need to submit a request to Verizon
 and Verizon shall not charge NUI for access
 to the Verizon NID. In such instances, NUI shall comply with the provisions of Sections 9.2 through 9.7 of this
 Attachment and shall access the Customer’s
 Inside Wire in the manner set forth in Section 9.8 of this Attachment.

 
	
  

 	
  

 	
  

 
	
  

 	
 9.8

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

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 9.8.1

 	
 Where an adequate length of Inside Wiring is present and
 environmental conditions permit, NUI may remove the Inside
 Wiring from the Customer’s side of the Verizon NID and connect that
 Inside Wiring to NUI’s NID.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 9.8.2

 	
 Where
 an adequate length of Inside Wiring is not present or environmental
 conditions do not permit, NUI may enter the Customer side of the
 Verizon NID enclosure for the purpose of removing the Inside
 Wiring 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
 Wiring 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.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 9.8.3

 	
 NUI
 may request Verizon to make other rearrangements to the Inside Wiring
 terminations or terminal enclosure on a time and materials cost basis to be charged to the
 requesting party (i.e. NUI, its agent, the building
 owner or the Customer). If NUI accesses the Customer’s Inside Wiring
 as described in this Section 9.8.3, time and materials charges will be billed to the requesting party
 (i.e. NUI, its agent, the building owner or the Customer).

 
	
  

 	
  

 	
  

 	
  

 
	
 10.

 	
 Unbundled
 Switching Elements

 
	
  

 	
  

 
	
  

 	
 10.1

 	
 Subject to the
 conditions set forth in Section 1 of this Attachment, Verizon shall make available to NUI the local switching element
 and Tandem switching element
 unbundled from transport, local Loop transmission, or other services, in accordance with this Section 10 and the rates
 and charges provided in the Pricing
 Attachment. Verizon shall provide NUI with access to the local switching element and the Tandem switching element in
 accordance with, but only to the extent required by, Applicable Law.

 
	
  

 	
  

 	
  

 
	
  

 	
 10.2

 	
 Local Switching.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 10.2.1

 	
 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

 


105









	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 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).

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 10.2.2

 	
 Verizon
 shall offer, as an optional chargeable feature, usage tapes in accordance with Section 8 of the
 Additional Services Attachment.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 10.2.3

 	
 NUI
 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. NUI may submit a Bona Fide Request
 in accordance with Section 14.3 of this Attachment 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 develop
 and provide these requested services where
 technically feasible with the agreement of NUI to pay the recurring and non-recurring costs of developing, installing,
 updating, providing and maintaining these services.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 10.3

 	
 Network
 Design Request (NDR).

 
	
  

 	
  

 	
  

 
	
  

 	
  

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

 
	
  

 	
  

 	
  

 
	
  

 	
  

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

 
	
  

 	
  

 	
  

 
	
  

 	
 10.4

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

 
	
  

 	
  

 
	
 12.

 	
 Signaling
 Networks and Call-Related Databases

 
	
  

 	
  

 
	
  

 	
 12.1

 	
 Subject to the
 conditions set forth in Section 1 of this Attachment and upon request by NUI, Verizon shall provide NUI 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, in
 accordance with this Section 12 and the rates

 


106









	
  

 	
  

 	
  

 
	
  

 	
  

 	
 and
 charges provided in the Pricing Attachment. Such access shall be provided by Verizon
 in accordance with, but only to the extent required by, Applicable Law.

 
	
  

 	
  

 	
  

 
	
  

 	
 12.2

 	
 NUI shall provide
 Verizon with CCS Interconnection required for call routing and completion,
 and the billing of calls which involve NUI’s Customers, at non-discriminatory
 rates (subject to the provisions of the Pricing Attachment), terms and conditions, provided further that if the
 NUI information Verizon requires to provide such call-related functionality
 is resident in a database, NUI will provide Verizon with the access and authorization to query NUI’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 signaling 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
 Party’s CCS network. If a third party signaling provider is selected by NUI 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 NUI.

 
	
  

 	
  

 	
  

 
	
  

 	
 12.4

 	
 Regardless of the
 manner in which NUI obtains CCS Interconnection, NUI 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 OBF-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 NUI signaling systems to the public Internet Protocol network may expose NUI and
 Verizon signaling systems and information
 to interference by third parties. NUI 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. NUI shall take commercially
 reasonable efforts to protect its signaling systems and Verizon’s
 signaling systems from interference by unauthorized persons.

 


107









	
  

 	
  

 	
  

 	
  

 
	
  

 	
 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 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 NUI in accordance with the Pricing Attachment and the terms and conditions in
 applicable Tariffs. NUI shall charge Verizon
 rates equal to the rates Verizon charges NUI, unless NUI’s Tariffs for CCS signaling provide for lower generally
 available rates, in which case NUI 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 Section 1 of this Attachment and in Section 8
 of the Additional Services Attachment, Verizon shall provide
 NUI with access via electronic interfaces to databases required for pre-ordering,
 ordering, provisioning, maintenance and repair, and billing. Verizon shall
 provide NUI with such access in accordance with, but only to the extent required by, Applicable Law. All such
 transactions shall be submitted by NUI through such electronic
 interfaces.

 
	
  

 	
  

 
	
 14.

 	
 Availability
 of Other Network Elements on an Unbundled Basis

 
	
  

 	
  

 
	
  

 	
 14.1

 	
 Any request by NUI
 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 14.3, of this Attachment. NUI 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

 


108









	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 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 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 Network Elements

 


109









	
  

 	
  

 	
  

 
	
  

 	
 If (a) NUI reports to Verizon a Customer trouble, (b) NUI 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 NUI 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 NUI is not available at the
 appointed time. NUI accepts responsibility for initial trouble isolation and
 providing Verizon with appropriate
 dispatch information based on its test results. If, as the result of NUI 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 NUI by Verizon. If as the result of NUI 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 NUI by Verizon.
 Verizon agrees to respond to NUI trouble reports on a non-discriminatory
 basis consistent with the manner in
 which it provides service to its own retail Customers or to any other
 similarly situated Telecommunications Carrier.

 
	
  

 	
  

 
	
 16.

 	
 Combinations

 
	
  

 	
  

 
	
  

 	
 16.1

 	
 Subject to the
 conditions set forth in Section 1 of this Attachment, Verizon shall be
 obligated to provide 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 NUI, 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.

 
	
  

 	
  

 	
  

 
	
 17.

 	
 Rates
 and Charges

 
	
  

 	
  

 
	
  

 	
 The rates and
 charges for UNEs, Combinations and other services, facilities and arrangements, offered under this Attachment
 shall be as provided in this Attachment and the Pricing Attachment.

 


110





COLLOCATION ATTACHMENT


	
  

 	
  

 
	
 1.

 	
 Verizon’s
 Provision of Collocation

 
	
  

 	
  

 
	
  

 	
 Verizon shall provide to NUI, 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 NUI’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 NUI only to the extent required by Applicable Law and
 may decline to provide Collocation to NUI
 to the extent that provision of Collocation is not required by Applicable
 Law. Subject to the foregoing,
 Verizon shall provide Collocation to NUI 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.

 	
 NUI’s
 Provision of Collocation

 
	
  

 	
  

 
	
  

 	
 Upon request by
 Verizon, NUI shall provide to Verizon collocation of facilities and equipment for the purpose of facilitating
 Verizon’s interconnection with facilities or services of NUI. NUI shall provide collocation on a non-discriminatory
 basis in accordance with NUI’s
 applicable Tariffs, or in the absence of applicable NUI Tariffs, in accordance
 with terms, conditions and prices to be negotiated by the Parties.

 


111






911 ATTACHMENT


	
  

 	
  

 	
  

 	
  

 
	
 1.

 	
 911/E-911
 Arrangements 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 1.1

 	
 NUI 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 NUI 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 NUI with the appropriate CLLI codes and specifications
 of the Tandem Office serving area. In areas where E-911 is not available, NUI
 and Verizon will negotiate arrangements to connect NUI 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 NUI-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 NUI, to include
 all required information and applicable forms, and to the extent authorized
 by the relevant federal, state, and local authorities, Verizon will provide
 NUI, 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 NUI is providing, or represents to
 Verizon that it intends to provide within sixty (60) days of NUI’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;

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 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 NUI 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 NUI 911/E-911 data entry files containing errors, so that NUI may ensure
 the accuracy of the Customer records.

 
	
  

 	
  

 	
  

 	
  

 
	
 2.

 	
 Electronic
 Interface 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 NUI shall use,
 where available, the appropriate Verizon electronic interface, through which
 NUI shall input and provide a daily update of 911/E-911 database information
 related to appropriate NUI Customers. In those areas where an electronic
 interface is not available, NUI 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-911 database system. Any
 911/E-911-related data exchanged between the Parties prior

 


112









	
  

 	
  

 	
  

 
	
  

 	
 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). NUI may also use the
 electronic interface, where available, to query the 911/E-911 database to
 verify the accuracy of NUI Customer information.

 
	
  

 	
  

 	
  

 
	
 3.

 	
 911
 Interconnection 

 
	
  

 	
  

 	
  

 
	
  

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

 
	
  

 	
  

 	
  

 
	
 4.

 	
 911
 Facilities

 
	
  

 	
  

 	
  

 
	
  

 	
 NUI shall be
 responsible for providing facilities from the NUI End Office to the 911
 Tandem or selective router. NUI 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 NUI. Therefore, for those ported
 telephone numbers using INP, NUI 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, NUI 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. NUI will
 include their NENA five character Company Identification (“COID”) for
 inclusion in the ALI display.

 
	
  

 	
  

 	
  

 
	
  

 	
 5.1

 	
 NUI 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 NUI’s NENA COID to lock and unlock
 records and the posting of NUI’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 NUI
 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 

 
	
  

 	
  

 	
  

 
	
  

 	
 NUI will
 compensate Verizon for connections to its 911/E-911 platform and/or system
 pursuant to the rate schedule included in the Pricing Attachment.

 
	
  

 	
  

 	
  

 
	
 8.

 	
 911
 Rules and Regulations 

 
	
  

 	
  

 	
  

 
	
  

 	
 NUI 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 Washington, D.C.

 


113





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 of this Attachment, 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 of this Attachment,
 the Charges shall be as stated in Appendix A of this Pricing Attachment. For
 rate elements provided in Appendix A of this Pricing Attachment that do not
 include a Charge, either marked as “TBD” or otherwise, Verizon is developing
 such Charges and has not finished developing such Charges as of the Effective
 Date of this Agreement (“Effective Date”). When Verizon finishes developing
 such a Charge, Verizon shall notify NUI in writing of such Charge in
 accordance with, and subject to, the notices provisions of this Agreement and
 thereafter shall bill NUI, and NUI shall pay to Verizon, for services
 provided under this Agreement on the Effective Date and thereafter in
 accordance with such Charge. Any notice provided by Verizon to NUI pursuant
 to this Section 1.4 shall be deemed to be a part of Appendix A of this
 Pricing Attachment immediately after Verizon sends such notice to NUI and thereafter.

 
	
  

 	
  

 	
  

 
	
  

 	
 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 of
 this Attachment, 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 of
 this Attachment, 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 of
 this Attachment, the Charges for the Service shall be mutually agreed to by
 the Parties in writing.

 
	
  

 	
  

 	
  

 
	
 2.

 	
 Verizon
 Telecommunications Services Provided to NUI 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. 

 


114









	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 2.1.1

 	
 The Charges for a
 Verizon Telecommunications Service purchased by NUI 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 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 NUI 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 NUI for resale pursuant
 to Section 251(c)(4) of the Act. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 2.1.3

 	
 Notwithstanding
 Sections 2.1 and 2.2 of this Attachment, 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 NUI 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 of this Attachment
 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;

 


115









	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 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 discount
 under Section 251(c)(4) of the Act.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 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 NUI 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

 	
 NUI 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 NUI.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 3.

 	
 NUI Prices
 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 Notwithstanding
 any other provision of this Agreement, the Charges that NUI bills Verizon for
 NUI’s Services shall not exceed the Charges for Verizon’s comparable
 Services, except to the extent that NUI’s cost to provide such NUI’s Services
 to Verizon exceeds the Charges for Verizon’s comparable Services and NUI has
 demonstrated such cost to Verizon, or, at Verizon’s request, to the
 Commission or the FCC.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 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

 


116









	
  

 	
  

 
	
  

 	
 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). 

 


117







APPENDIX A TO THE PRICING
ATTACHMENT


VERIZON WASHINGTON, D.C. INC. AND
NUI


A. INTERCONNECTION1


	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service
 or Element Description2:

 	
  

 	
 Recurring Charges:

 	
  

 	
 Non-Recurring Charges:

 
	

 


 	
  

 	

 


 	
  

 	

 


 
	
  

 	
  

 	
  

 
	
 I.
 Reciprocal Compensation Traffic termination3

 	
  

 	
 $.003/mou End
 Office

 Termination

 Reciprocal

 
	
  

 	
  

 	
  

 
	
 Compensation
 Traffic delivered by NUI to Verizon $.005/mou Tandem Interconnection Point

 	
  

 	
 Termination

 
	
  

 	
  

 	
  

 
	
 II.
 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. 6.9.1.] access tariffs for Feature Group D service as
 amended from time to time

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Illustrative:

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Interstate
 non-recurring: $1, plus $1 switched access connection charge per trunk; DS-1
 entrance facility $210-$212/Month

 








	
  

 	
  

 
	
 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 NUI when purchasing these services for use in the provision
 of Telephone Exchange Service, and apply only to Reciprocal Compensation
 Traffic and local Ancillary Traffic. Verizon rates and services for use by
 NUI 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 Reciprocal Compensation Traffic purchased for
 the provision of Telephone Exchange Service or Exchange Access, the rates and
 charges set forth in the Resale Attachment 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. 

 


118









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service
 or Element Description:

 	
  

 	
 Recurring
 Charges: 

 	
  

 	
 Non-Recurring Charges:

 
	

 


 	
  

 	

 


 	
  

 	

 


 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 III.
 End Point Fiber Meet

 	
  

 	
 To be charged in
 accordance with the requirements of Section 3 of the Interconnection
 Attachment

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 IV.
 Tandem Transit arrangements for Reciprocal Compensation Traffic between NUI
 and carriers other than Verizon that subtend a Verizon Tandem Switch. (Not
 applicable to Toll Traffic when Meet Point Billing Arrangement applies)

 	
  

 	
 Per interstate
 access tariff as amended from time to time [Verizon FCC 1 Sec. 6.9.1.B] for
 tandem switching and tandem switched transport

 	
  

 	
 Per interstate [BA
 FCC 1 Sec. 6.9.1.] access tariffs for Feature Group D service and DC PSC 218,
 as applicable; separate trunks required for IXC subtending trunks

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 Illustrative:

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 Interstate tandem
 switching $.000800/mou, tandem switched transport $.000279/mou plus
 $.000030/mou/mile

 	
  

 


119









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service
 or Element Description:

 	
  

 	
 Recurring
 Charges:

 	
  

 	
 Non-Recurring Charges:

 
	

 


 	
  

 	

 


 	
  

 	

 


 
	
 B.
 UNBUNDLED NETWORK ELEMENTS4

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 I.
 Unbundled elements5

 	
  

 	
 Available as
 listed herein and in interstate and intrastate tariffs, and pursuant to the
 UNE Attachment as amended from time to time

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 II.
 Unbundled Switching6

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 a.

 	
 Local Switching
 Ports

 POTS/PBX/Centrex

 	
  

 	
 $1.55/Port/Month

 	
  

 	
 $5.00/Service
 Order $10.63/Installation/Port

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 ISDN (BRI)

 	
  

 	
 $8.39/Port/Month

 	
  

 	
 $31.98/Service
 Order $19.99/Installation/Port

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 ISDN (PRI)

 	
  

 	
 $161.19/Port/Month

 	
  

 	
 $31.98/Service
 Order $130.17/Installation/Port

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Public/Semi-Public

 	
  

 	
 $2.62/Port/Month

 	
  

 	
 $25.37/Service
 Order $10.63/Installation/Port

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 DID

 	
  

 	
 $9.64/Port/Month

 	
  

 	
 $25.37/Service
 Order $714.24/Installation/Port

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 b.

 	
 Tandem Switching
 Usage

 	
  

 	
 $.002532/MOU

 	
  

 	
 Not Applicable

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 c.

 	
 Local Switching
 Usage

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 POTS Originating
 With Vertical Features

 	
  

 	
 $.003/MOU

 	
  

 	
 Not Applicable

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 POTS Terminating
 With Vertical Features

 	
  

 	
 $.003/MOU

 	
  

 	
  

 








	
  

 	
  

 
	
 4

 	
 All rates and charges specified
 herein are pertaining to the Unbundled Network Elements Attachment. 

 
	
  

 	
  

 
	
 5

 	
 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. 

 
	
  

 	
  

 
	
 6

 	
 In addition to the recurring and
 non-recurring rates set forth herein for unbundled switching elements,
 Verizon may levy upon a purchaser of such elements any access charges (or
 portion thereof) permitted by Applicable Laws.

 


120









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service
 or Element Description:

 	
  

 	
 Recurring Charges:

 	
  

 	
 Non-Recurring Charges:

 
	

 


 	
  

 	

 


 	
  

 	

 


 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 ISDN Originating
 Digital Switched Voice

 	
  

 	
 $.005758/MOU

 	
  

 	
 All ISDN:

 $14.63/Service

 Order

 $.13/Installation

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 ISDN Terminating
 Digital Switched Voice

 	
  

 	
 $.002669/MOU

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 ISDN Originating
 Digital Circuit Switched Data

 	
  

 	
 $.003203/MOU

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 ISDN Terminating
 Digital Circuit Switched Data

 	
  

 	
 $.002669/MOU

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 d.

 	
 POTS Features

 PBX

 	
  

 	
 $.003752/MOU

 	
  

 	
 Both:

 $14.63/Service

 Order

 $.13/Installation

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 Multi-Line Hunting

 	
  

 	
 $.000002/MOU

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 e.

 	
 Centrex Features

 UCD

 	
  

 	
 $.000005/MOU

 	
  

 	
 All:

 $14.63/Service

 Order

 $.13/Installation

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 Hunting

 	
  

 	
 $.000004/MOU

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 Queuing

 	
  

 	
 $.000968/MOU

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 Intercom &
 Features

 	
  

 	
 $.032910/MOU

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 Attendant

 	
  

 	
 $.034952/MOU

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 Attendant Console

 	
  

 	
 $.036556/MOU

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 Centralized
 Attendant Services

 	
  

 	
 $.353835/MOU

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 Attendant Access
 Code Dialing

 	
  

 	
 $.075992/MOU

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 Automatic Route
 Selection

 	
  

 	
 $.000838/MOU

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 Electronic Tandem
 Switching

 	
  

 	
 $.001947/MOU

 	
  

 	
  

 


121









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service
 or Element Description:

 	
  

 	
 Recurring Charges:

 	
  

 	
 Non-Recurring Charges:

 
	

 


 	
  

 	

 


 	
  

 	

 


 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 f. ISDN Centrex
 Feature

 	
  

 	
 $.010160/MOU

 	
  

 	
 $14.63/Service

 Order

 $.13/Installation

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 III.

 	
 Trunk
 Side local transport

 	
  

 	
 Per interstate
 [Verizon FCC 1 Sec. 6.9.1.C] tariffs as amended from time to time

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 DS-1 transport

 	
  

 	
 Illustrative
 recurring: Interstate $60/mo fixed, $17.70/mile/Month Per interstate [BA FCC
 1 Sec. 6.9.1.C] tariffs

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 DS-3 transport

 	
  

 	
 Illustrative
 recurring: Interstate $900/Month fixed, $180/mile/Month

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 IV. Unbundled
 Loops7

 	
  

 	
  

 	
  

 	
 $5.00/Service
 Order

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 2 Wire Analog
 (POTS Loops) & 4 Wire Loops

 	
  

 	
 $10.81/2 wire
 loop/Month

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 Installation:

 
	
  

 	
  

 	
  

 	
  

 	
 $21.62 /4 wire

 	
  

 	
 $28.00/ loop

 
	
  

 	
  

 	
  

 	
  

 	
 loop/Month

 	
  

 	
 for cases

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 where end

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 user not

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 previously a

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 Verizon

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 customer

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 $14.00/ loop

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 for case where

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 end user

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 already served

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 by a Verizon

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 loop

 








	
  

 	
  

 
	
 7

 	
 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.

 






	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 ISDN Loops

 	
  

 	
 $17.52/Month

 	
  

 	
 Service Order:

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 $31.97

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 Installation:

 


122









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service
 or Element Description:

 	
  

 	
 Recurring
 Charges:

 	
  

 	
 Non-Recurring Charges:

 
	

 


 	
  

 	

 


 	
  

 	

 


 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 If premises visit 

 not required,

 initial & each 

 additional loop 

 - $19.99

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 If premises visit 

 required, initial 

 loop - $101.79

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 If premises visit 

 required,

 additional loop 

 - $43.11

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 DS-1 Loops

 	
  

 	
 $187.18/Month

 	
  

 	
 Service Order:
$25.37

 Installation:

 If premises visit 

 not required,

 initial & each 

 additional loop 

 - $61.22

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 If premises visit 

 required, initial 

 loop - $157.27

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 If premises visit 

 required,

 additional loop 

 - $98.59

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 2 Wire ADSL
 compatible Loops

 2 Wire HDSL compatible Loops

 2 Wire SDSL compatible Loops

 2 Wire IDSL compatible Loops

 	
  

 	
 $17.52/Month

 	
  

 	
 Service Order:
$31.97

 Installation:

 If premises visit 

 not required,

 initial & each 

 additional loop 

 - $19.99

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 If premises visit 

 required, initial 

 loop - $101.79

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 If premises visit 

 required,

 additional loop 

 - $43.11

 


123









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service
 or Element Description:

 	
  

 	
 Recurring
 Charges:

 	
  

 	
 Non-Recurring Charges:

 
	

 


 	
  

 	

 


 	
  

 	

 


 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 4 Wire HDSL Loops

 	
  

 	
 $187.18/Month

 	
  

 	
 Service Order:
$25.37

 Installation:

 If premises visit 

 not required,

 initial & each 

 additional loop 

 - $61.22

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 If premises visit 

 required, initial 

 loop - $157.27

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 If premises visit 

 required,

 additional loop 

 - $98.59

 


124









	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service or
 Element Description:

 	
  

 	
 Recurring
 Charges:

 	
  

 	
 Non-Recurring Charges:

 
	

 


 	
  

 	

 


 	
  

 	

 


 
	
 Digital Four Wire (56 KD) Loop

 	
  

 	
 $34.93

 	
  

 	
 Initial:

 
	
  

 	
  

 	
  

 	
  

 	
 Normal

 
	
  

 	
  

 	
  

 	
  

 	
 Service Order

 
	
  

 	
  

 	
  

 	
  

 	
 $9.24

 
	
  

 	
  

 	
  

 	
  

 	
 Installation

 
	
  

 	
  

 	
  

 	
  

 	
 $52.06

 
	
  

 	
  

 	
  

 	
  

 	
 Field Dispatch

 
	
  

 	
  

 	
  

 	
  

 	
 $151.28

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 Expedite

 
	
  

 	
  

 	
  

 	
  

 	
 Service Order

 
	
  

 	
  

 	
  

 	
  

 	
 $11.42

 
	
  

 	
  

 	
  

 	
  

 	
 Installation

 
	
  

 	
  

 	
  

 	
  

 	
 $73.56

 
	
  

 	
  

 	
  

 	
  

 	
 Field Dispatch

 
	
  

 	
  

 	
  

 	
  

 	
 $209.30

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 Additional:

 
	
  

 	
  

 	
  

 	
  

 	
 Normal

 
	
  

 	
  

 	
  

 	
  

 	
 Installation

 
	
  

 	
  

 	
  

 	
  

 	
 $42.94

 
	
  

 	
  

 	
  

 	
  

 	
 Field Dispatch

 
	
  

 	
  

 	
  

 	
  

 	
 $82.33

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 Expedite

 
	
  

 	
  

 	
  

 	
  

 	
 Installation

 
	
  

 	
  

 	
  

 	
  

 	
 $60.87

 
	
  

 	
  

 	
  

 	
  

 	
 Field Dispatch

 
	
  

 	
  

 	
  

 	
  

 	
 $113.91

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 Manual

 
	
  

 	
  

 	
  

 	
  

 	
 Surcharge:

 
	
  

 	
  

 	
  

 	
  

 	
 Normal -

 
	
  

 	
  

 	
  

 	
  

 	
 $18.00

 
	
  

 	
  

 	
  

 	
  

 	
 Expedite -

 
	
  

 	
  

 	
  

 	
  

 	
 $22.23

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Digital Loops and Digital
 Designed Loops (Conditioning)

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Standard
 Digital Loops

 	
  

 	
 All:

 $.49/ Mechanized 

 Loop Qualification per

 Loop Request

 	
  

 	
 All:

 $103.91/

 Manual Loop Qualification per Provisioned Loop

 


125









	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service or
 Element Description:

 	
  

 	
 Recurring
 Charges: 

 	
  

 	
 Non-Recurring
 Charges:

 
	

 


 	
  

 	

 


 	
  

 	

 


 
	
 2 Wire ADSL compatible Loops (up to 12,000
 feet)

 	
  

 	
 See rates for 2 Wire
 ADSL and 2 Wire HDSL Loops as set forth above

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 2 Wire ADSL compatible Loops (up to 18,000
 feet)

 	
  

 	
 See rates for 2
 Wire ADSL and 2 Wire HDSL Loops as set forth above

 
	
  

 	
  

 	
  

 
	
 2 Wire HDSL compatible Loops (up to 12,000
 feet)

 	
  

 	
 See rates for 2
 Wire ADSL and 2 Wire HDSL Loops as set forth above

 
	
  

 	
  

 	
  

 
	
 4 Wire HDSL compatible Loops (up to 12,000
 feet)

 	
  

 	
 See rates for 4
 Wire HDSL Loops as set forth above

 
	
  

 	
  

 	
  

 
	
 2 Wire SDSL compatible loops

 	
  

 	
 See rates for 2
 Wire SDSL Loops as set forth above

 
	
  

 	
  

 	
  

 
	
 2 Wire IDSL compatible loops (up to 18,000
 feet)

 	
  

 	
 See rates for 2
 Wire IDSL Loops as set forth above

 
	
  

 	
  

 	
  

 


126









	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service or
 Element Description:

 	
  

 	
 Recurring
 Charges:

 	
  

 	
 Non-Recurring
 Charges:

 
	

 


 	
  

 	

 


 	
  

 	

 


 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 $282.60

 Removal of one Bridged Tap per Request

 
	
  

 	
  

 	
  

 	
  

 	
 $688.26

 Removal of Multiple Bridged Taps per Loop per Request

 
	
  

 	
  

 	
  

 	
  

 	
 $137.52

 Engineering Query

 
	
  

 	
  

 	
  

 	
  

 	
 $658.63

 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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 $282.60

 Removal of one Bridged Tap per Request

 
	
  

 	
  

 	
  

 	
  

 	
 $688.26

 Removal of Multiple Bridged Taps per Loop per Request

 
	
  

 	
  

 	
  

 	
  

 	
 $137.52

 Engineering Query

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 $658.63

 Engineering Work Order 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

 


127









	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service or
 Element Description:

 	
  

 	
 Recurring
 Charges:

 	
  

 	
 Non-Recurring
 Charges:

 
	

 


 	
  

 	

 


 	
  

 	

 


 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 $1,253.83

 Required Removal of Load Coils (up to 21,000 feet)

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 $1,667.63

 Required Removal of Load Coils (up to 27,000 feet)

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 $282.60

 Removal of one

 Bridged Tap per

 Request

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 $688.26

 Removal of Multiple Bridged Taps per Loop per Request

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 $137.52

 Engineering Query

 
	
  

 	
  

 	
  

 	
  

 	
 $658.63

 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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 $1,253.83

 Required Removal of Load Coils (up to 21,000 feet)

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 $1,667.63

 Required Removal of Load Coils (up to 27,000 feet)

 
	
  

 	
  

 	
  

 	
  

 	
 $1,054.54

 Addition of Range Electronics

 
	
  

 	
  

 	
  

 	
  

 	
 $137.52

 Engineering Query

 


128









	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service or Element Description:

 	
  

 	
 Recurring Charges:

 	
  

 	
 Non-Recurring Charges:

 
	

 


 	
  

 	

 


 	
  

 	

 


 
	
  

 	
  

 	
  

 	
  

 	
 $658.63

 
	
  

 	
  

 	
  

 	
  

 	
 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

 
	
  

 	
  

 	
  

 	
  

 	
 $282.60

 
	
  

 	
  

 	
  

 	
  

 	
 Removal of one Bridged Tap per Request

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 $688.26

 
	
  

 	
  

 	
  

 	
  

 	
 Removal of Multiple Bridged Taps per Loop
 per Request

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 $137.52

 
	
  

 	
  

 	
  

 	
  

 	
 Engineering Query

 
	
  

 	
  

 	
  

 	
  

 	
 $658.63

 
	
  

 	
  

 	
  

 	
  

 	
 Engineering Work Order 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

 
	
  

 	
  

 	
  

 	
  

 	
 $282.60

 
	
  

 	
  

 	
  

 	
  

 	
 Removal of one Bridged Tap per Request

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 $688.26

 
	
  

 	
  

 	
  

 	
  

 	
 Removal of Multiple Bridged Taps per Loop
 per Request

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 $137.52

 
	
  

 	
  

 	
  

 	
  

 	
 Engineering Query

 
	
  

 	
  

 	
  

 	
  

 	
 $658.63

 
	
  

 	
  

 	
  

 	
  

 	
 Engineering Work Order Charge

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 2 Wire SDSL
 compatible Loops with Bridged Tap removal

 	
  

 	
 See rates for 2Wire SDSL Loops as set forth
 above

 


129









	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service or Element Description:

 	
  

 	
 Recurring Charges:

 	
  

 	
 Non-Recurring Charges:

 
	

 


 	
  

 	

 


 	
  

 	

 


 
	
  

 	
  

 	
  

 	
  

 	
 $282.60

 
	
  

 	
  

 	
  

 	
  

 	
 Removal of one Bridged Tap per Request

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 $688.26

 
	
  

 	
  

 	
  

 	
  

 	
 Removal of Multiple Bridged Taps per Loop
 per Request

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 $137.52

 
	
  

 	
  

 	
  

 	
  

 	
 Engineering Query

 
	
  

 	
  

 	
  

 	
  

 	
 $658.63

 
	
  

 	
  

 	
  

 	
  

 	
 Engineering Work Order Charge

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 2 Wire IDSL
 compatible Loops (up to 18,000 feet) with Bridged Tap removal

 	
  

 	
 See rates for 2 Wire IDSL Loops as set
 forth above

 
	
  

 	
  

 	
  

 	
  

 	
 $282.60

 
	
  

 	
  

 	
  

 	
  

 	
 Removal of one Bridged Tap per Request

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 $688.26

 
	
  

 	
  

 	
  

 	
  

 	
 Removal of Multiple Bridged Taps per Loop
 per Request

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 $137.52

 
	
  

 	
  

 	
  

 	
  

 	
 Engineering Query

 
	
  

 	
  

 	
  

 	
  

 	
 $658.63

 
	
  

 	
  

 	
  

 	
  

 	
 Engineering Work Order Charge

 


130









	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service or Element Description:

 	
  

 	
 Recurring Charges:

 	
  

 	
 Non-Recurring Charges:

 
	

 


 	
  

 	

 


 	
  

 	

 


 
	
 V.
 Intrastate Collocation

 	
  

 	
 Pending approval of rates and/or rate
 structures filed for intrastate collocation, all intrastate collocation
 services shall be charged at rates found in DC PSC 218 as amended from time to
 time.

 


131






VI. Line Sharing


	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Rate Element

 	
  

 	
 $ Amount

 	
  

 	
 Mo.

 	
  

 	
 NRC

 	
  

 	
 *Option A8

 	
  

 	
 *Option C

 VERIZON installs/ CLEC

 vendor installs

 	
  

 
	
 Application Fee

 - Augment

 	
  

 	
 $2500

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 X

 	
  

 	
  

 	
  

 	
 Not

 applicable

 unless

 adding line-

 sharing

 terminations

 	
 (1)

 	
  

 	
  

 	
 (1

 	
 )

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Engineering &

 Implementation Fee

 -Additional Cabling

 	
  

 	
 $1368.90

 	
  

 	
  

 	
 X

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 Not

 applicable

 unless

 adding line-

 sharing

 terminations

 	
 (1)

 	
  

 	
  

 	
 (1

 	
 )

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Splitter Installation

 Cost

 Collocation cross-

 connect perVG

 	
  

 	
 $1,369.60

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 X

 	
  

 	
  

 	
  

 	
 Not

 applicable

 (2) SAC9s

 	
 (1)

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 $3.67 for

 virtual

 $1.20 for

 physical

 	
  

 	
  

 	
 X

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 (2) SACs

 	
  

 	
  

 	
 (2) 

 	
 SACs

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 






	
  

 	
  

 
	
 * Both Option A and Option C assume there
 is an existing Collocation Arrangement.

 
	
  

 
	
 (1)

 	
 = one required 

 
	
  

 
	
 (2)

 	
 = two required 

 






	
  

 	
  

 
	

 


 	
  

 
	
 8 Option A: 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 C: 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. 

 
	
  

 
	
 9 Service Access Charge (SAC) is the same as Interconnection
 Access Charge or a cross connect.

 


132









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Rate Element

 	
  

 	
 $ Amount

 	
  

 	
 Mo.

 	
  

 	
 NRC

 	
  

 	
 *Option A

 	
  

 	
 Option C

 VERIZON installs/ CLEC

 vendor installs

 	
  

 
	
 **VERIZON/Relay

 Rack for Splitters –

 Per Shelf

 	
  

 	
 $1.23

 	
  

 	
  

 	
 X

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 (1)

 	
  

 	
  

 	
  

 	
 (1)

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 **Splitter Land &

 Building - Per Shelf

 	
  

 	
 $3.55

 	
  

 	
  

 	
 X

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 (1)

 	
  

 	
  

 	
  

 	
 (1)

 	
  

 
	
 Maintenance of Splitter

 Equipment per splitter

 	
  

 	
 $51.52

 	
  

 	
  

 	
 X

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 (1)

 	
 (1)

 	
  

 	
  

 	
  

 	
 (1)

 	
  

 
	
 WideBand Test

 Access per line

 	
  

 	
 $2.01

 	
  

 	
  

 	
 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.


133









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Rate Element

 	
  

 	
 $ Amount

 	
  

 	
 Mo.

 	
  

 	
 NRC

 	
  

 	
 *Option A

 	
  

 	
 Option C 

 VERIZON installs/ CLEC 

 vendor installs

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service Order

 	
  

 	
  

 	
 $9.59

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 X

 	
  

 	
 (1)

 	
  

 	
 (1)

 	
  

 	
  

 	
 (1)

 	
  

 	
  

 	
  

 
	
 Expedite

 	
  

 	
  

 	
 $14.88

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Central Office
 Wiring Initial

 	
  

 	
  

 	
 $41.53

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 X

 	
  

 	
 (1)

 	
  

 	
 (1)

 	
  

 	
  

 	
 (1)

 	
  

 	
  

 	
  

 
	
 Expedite

 	
  

 	
  

 	
 $59.40

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Central Office
 Wiring Additional

 	
  

 	
  

 	
 $20.66

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 X

 	
  

 	
 (1)

 	
  

 	
 (1)

 	
  

 	
  

 	
 (1)

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Expedite

 	
  

 	
  

 	
 $29.55

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Provisioning

 	
  

 	
  

 	
 $0.27

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 X

 	
  

 	
 (1)

 	
  

 	
 (1)

 	
  

 	
  

 	
 (1)

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Expedite

 	
  

 	
  

 	
 $0.40

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Field Installation
 Dispatch

 	
  

 	
  

 	
 $121.35

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 X

 	
  

 	
 (1)

 	
  

 	
 (1)

 	
  

 	
  

 	
 (1)

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Expedite

 	
  

 	
  

 	
 $170.92

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Manual
 Intervention Surcharge

 	
  

 	
  

 	
 $28.26

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 X

 	
  

 	
 (1)

 	
  

 	
 (1)

 	
  

 	
  

 	
 (1)

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Expedite

 	
  

 	
  

 	
 $43.86

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Loop Qualification
 Data Base per link

 	
  

 	
  

 	
 $0.49

 	
  

 	
  

 	
 X

 	
  

 	
  

 	
  

 	
  

 	
 (1)

 	
  

 	
 (1)

 	
  

 	
  

 	
 (1)

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Manual Loop
 Qualification

 	
  

 	
  

 	
 $103.91

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 X

 	
  

 	
 (1)

 	
  

 	
 (1)

 	
  

 	
  

 	
 (1)

 	
  

 	
  

 	
  

 
	
 Engineering Query

 	
  

 	
  

 	
 $137.52

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 X

 	
  

 	
 (1)

 	
  

 	
 (1)

 	
  

 	
  

 	
 (1)

 	
  

 	
  

 	
  

 
	
 Engineering Work
 Order

 	
  

 	
  

 	
 $658.63

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 X

 	
  

 	
 (1)

 	
  

 	
 (1)

 	
  

 	
  

 	
 (1)

 	
  

 	
  

 	
  

 
	
 OSS Charges per
 transaction

 	
  

 	
  

 	
 $0.00

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Unbundled Loop

 	
  

 	
  

 	
 $0.00

 	
  

 	
  

 	
 X

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Conditioning
 charges

 	
  

 	
  

 	
 Per interim

 State specific

 Conditioning

 Rates

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 X

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Trouble Dispatch
 Misdirects

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 (1)

 	
  

 	
 (1)

 	
  

 	
  

 	
 (1)

 	
  

 	
  

 	
  

 
	
 Dispatch In

 	
  

 	
  

 	
 $44.63

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 X

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Expedite Dispatch
 In

 	
  

 	
  

 	
 $59.80

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 X

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Dispatch Out

 	
  

 	
  

 	
 $116.74

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 X

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Expedite Dispatch
 Out

 	
  

 	
  

 	
 $148.02

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 X

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 


134









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service or
 Element Description:

 	
  

 	
 Recurring
 Charges:

 	
  

 	
 Non-Recurring
 Charges:

 
	

 


 	
  

 	

 


 	
  

 	

 


 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 VII.

 	
 Line
 Splitting

 	
  

 	
 Per rates listed
 in Section 

 	
  

 	
 VI. and XV.

 
	
 VIII.

 	
 Signaling
 and

 	
  

 	
 Per interstate
 [Verizon

 	
  

 	
 Per interstate

 
	
  

 	
 Databases
 SS7

 	
  

 	
 FCC 1 Sec. 6.9.2.A]

 	
  

 	
 [Verizon FCC 1

 
	
  

 	
 Interconnection

 	
  

 	
 tariff as amended
 from

 	
  

 	
 Sec. 6.9.1.G]

 
	
  

 	
  

 	
  

 	
 time to time

 	
  

 	
 tariff as

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 amended from

 
	
  

 	
  

 	
  

 	
 Illustrative:

 	
  

 	
 time to time

 
	
  

 
	
  

 	
  

 	
  

 	
 Interstate: STP
 ports,

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 $900.00/Month STP

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 access,

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 $3.50/mile/Month

 	
  

 	
  

 
	
 LIDB
 Interconnection

 	
  

 	
 Per tariff
 [Verizon FCC

 	
  

 	
 Per tariff

 
	
  

 	
  

 	
  

 	
 1 Sec. 6.9.1M] as

 	
  

 	
 [Verizon FCC 1

 
	
  

 	
  

 	
  

 	
 amended from time
 to

 	
  

 	
 Sec. 6.9.1M] as

 
	
  

 	
  

 	
  

 	
 time

 	
  

 	
 amended from

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 time to time

 
	
  

 	
  

 	
  

 	
 Illustrative:

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 Illustrative:

 
	
  

 	
  

 	
  

 	
 Query validation:

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 $.04/query

 	
  

 	
 Originating point

 
	
  

 	
  

 	
  

 	
 Query transport:

 	
  

 	
 code, $125

 
	
  

 	
  

 	
  

 	
 $.0002/query

 	
  

 	
  

 






135









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service or
 Element Description:

 	
  

 	
 Recurring
 Charges:

 	
  

 	
 Non-Recurring
 Charges:

 
	

 


 	
  

 	

 


 	
  

 	

 


 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 800/888/877
 data base Interconnection

 	
  

 	
 No separate charge
 Per interstate [BA FCC 1 (included in FGD trunk Sec. 6.9.1.N] tariff and STP
 links)

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 Illustrative:

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 Interstate basic
 query, $.003493/query; vertical feature package, $.000329/query

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 IX.

 	
 EEL
 Testing

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 2 Wire Analog Test
 Charge

 	
  

 	
 $0.52

 	
  

 	
  

 
	
  

 	
 2 Wire Digital
 Test Charge

 	
  

 	
 $0.90

 	
  

 	
  

 
	
  

 	
 4 Wire Analog Test
 Charge

 	
  

 	
 $1.45

 	
  

 	
  

 
	
  

 	
 DS1Test Charge

 	
  

 	
 $4.52

 	
  

 	
  

 
	
  

 	
 DS3 Test Charge

 	
  

 	
 $142.25

 	
  

 	
  

 
	
  

 	
 Digital Four Wire
 (56 or 64 kbps)/DDS Test Charge

 	
  

 	
 $1.62

 	
  

 	
  

 
	
 EEL
 Voice Grade/DS0 Transport

 	
  

 	
  

 	
  

 	
  

 
	
  

 
	
 EEL
 VG/DS0 Transport - Fixed (both ends)

 	
  

 	
 $31.46

 	
  

 	
  

 
	
  

 
	
 EEL
 VG/DS0 Transport - Per Mile

 	
  

 	
 $0.02

 	
  

 	
  

 
	
  

 
	
 Service
 Order

 	
  

 	
  

 	
  

 	
 Normal - $63.21

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 Expedite - $78.08

 
	
 Installation

 	
  

 	
  

 	
  

 	
 Normal - $145.42

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 Expedite - $207.25

 
	
 Manual
 Surcharge

 	
  

 	
  

 	
  

 	
 Normal - $7.95

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 Expedite - $9.83

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 X.

 	
 Distribution
 Subloop

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 Distribution
 Subloop - Two Wire New

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 Initial

 	
  

 	
 $4.19

 	
  

 	
 Normal

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 Service Order
 $9.24

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 Installation
 $149.02

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 Expedite

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 Service Order
 $11.42

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 Installation
 $207.37

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 Additional

 	
  

 	
 $4.19

 	
  

 	
 Normal

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 Installation $68.35

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 Manual Surcharge
 $18.00

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 Expedite

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 Installation
 $95.62

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 Manual Surcharge
 $22.23

 


136









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service or
 Element Description:

 	
  

 	
 Recurring
 Charges:

 	
  

 	
 Non-Recurring
 Charges:

 
	

 


 	
  

 	

 


 	
  

 	

 


 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Loop
 Through

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 Initial

 	
  

 	
 $4.19

 	
  

 	
 Normal 

 Service Order $9.24

 Installation $251.46

 Expedite 

 Service Order $11.42

 Installation $353.52

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 Additional

 	
  

 	
 $4.19

 	
  

 	
 Normal 

 Installation $146.14

 Manual Surcharge $18.00

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 Expedite 

 Installation $206.38

 Manual Surcharge $22.23

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Distribution
 Subloop -Four Wire New

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 Initial

 	
  

 	
 $8.08

 	
  

 	
 Normal 

 Service Order $9.24

 Installation $181.84

 Expedite 

 Service Order $11.42

 Installation $252.71

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 Additional

 	
  

 	
 $8.08

 	
  

 	
 Normal 

 Installation $113.14

 Manual Surcharge $18.00

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 Expedite 

 Installation $157.72

 Manual Surcharge $22.23

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Loop
 Through

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 Initial

 	
  

 	
 $8.08

 	
  

 	
 Normal 

 Service Order $9.24

 Installation $288.45

 Expedite 

 Service Order $11.42

 Installation $404.72

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 Additional

 	
  

 	
 $8.08

 	
  

 	
 Normal
Installation
 $203.22

 Manual Surcharge $18.00


 Expedite

 Installation $286.10

 Manual Surcharge $22.23

 


137









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service
 Description or Element

 	
  

 	
 Recurring
 Charges

 	
  

 	
 Non Recurring
 Charges

 
	

 


 	
  

 	

 


 	
  

 	

 


 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 XI.

 	
 Network
 Interface Device

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 DS1 NID

 	
  

 	
 $4.49

 	
  

 	
  

 
	
  

 	
 Stand-alone NID -
 2 Wire

 	
  

 	
 $1.01

 	
  

 	
  

 
	
  

 	
 Stand-alone NID -
 4 Wire

 	
  

 	
 $1.01

 	
  

 	
  

 
	
  

 	
 NID - 2 Wire per
 NID/month - NID-to-NID

 	
  

 	
 $1.01

 	
  

 	
  

 
	
  

 	
 NID - 4 Wire per
 NID/month - NID-to-NID

 	
  

 	
 $1.01

 	
  

 	
  

 
	
  

 	
 NID - Shared NID
 (multiple loops in a single NID)

 	
  

 	
 $1.01

 	
  

 	
  

 
	
  

 	
 Service Order

 	
  

 	
  

 	
  

 	
 Normal - $9.24

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 Expedited - $11.42

 
	
  

 	
 Field Dispatch

 	
  

 	
  

 	
  

 	
 Normal - $55.67

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 Expedited - $77.02

 
	
  

 	
 Manual Surcharge

 	
  

 	
  

 	
  

 	
 Normal - $18.00

 
	
  

 	
 TC not ready - per
 occasion

 	
  

 	
  

 	
  

 	
 Expedited - $22.23

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 Normal - $77.50

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 Expedited -
 $108.39

 
	
  

 	
 Service Call
 Dispatch

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 Each 15 minutes (period or part)

 	
  

 	
  

 	
  

 	
 Normal - $10.95

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 Expedite - $15.15

 
	
  

 	
Labor - CO Technician

 	
  

 	
  

 	
  

 	
 Normal - $12.45

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 Expedite - $18.15

 
	
 Time and Material
 - 1st 30 minutes - per occasion

 	
  

 	
  

 	
  

 	
 Normal - $56.66

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 Expedited - $78.39

 
	
 Time and Material
 - Subsequent 15 minutes or

 	
  

 	
  

 	
  

 	
 Normal - $9.95

 
	
 fraction thereof -
 per occasion

 	
  

 	
  

 	
  

 	
 Expedited - $13.76

 


138









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service
 Description or Element

 	
  

 	
 Recurring
 Charges

 	
  

 	
 Non Recurring
 Charges

 
	

 


 	
  

 	

 


 	
  

 	

 


 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 XII.

 	
 INTEROFFICE
 FACILITIES (DEDICATED)

 	
  

 	
  

 	
  

 	
  

 
	
 STS-1 (BOTH ENDS)

 	
  

 	
                     $704.58/Month

                     $10.10/Mile

 	
  

 	
 Service Order

 Normal - $63.21

 Expedited - $78.08

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 Installation 

 Normal - $196.60

 Expedited - $280.20

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 Manual Surcharge 

 Normal - $7.95

 Expedited - $9.83

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 OC-3 (BOTH ENDS)

 	
  

 	
                     $2174.14Month

                     $30.59/Mile

 	
  

 	
 Service Order 

 Normal - $63.21

 Expedited - $78.08

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 Installation

 Normal - $236.66

 Expedited - $337.61

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 Manual Surcharge

 Normal - $7.95

 Expedited - $9.83

 
	
 OC-12 (BOTH ENDS)

 	
  

 	
                     $3789.31/Month 

                     $98.19/Mile

 	
  

 	
 Service Order 

 Normal - $63.21

 Expedited - $78.08

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 Installation

 Normal - $236.66

 Expedited - $337.61

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 Manual Surcharge

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 Normal - $7.95

 Expedited - $9.83

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 XIII.

 	
 ENTRANCE
 F ACILITIES STS-1

 	
  

 	
                     $410.06

 	
  

 	
 All:

 
	
 OC-3

 	
  

 	
                     $898.66

 	
  

 	
  

 
	
 OC-12

 	
  

 	
                     $2,966.90

 	
  

 	
 Service Order
 $63.21

 Expedite $78.08

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 Installation
 $198.10

 Expedite - $282.29

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 Field dispatch
 $151.28

 Expedite $209.30

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 Manual Surcharge
 $7.95

 Expedite - $9.83

 


139









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service
 Description or Element

 	
  

 	
 Recurring
 Charges

 	
  

 	
 Non Recurring
 Charges

 
	

 


 	
  

 	

 


 	
  

 	

 


 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 XIV.

 	
 DARK
 FIBER

 	
  

 	
  

 	
  

 	
 $164.51

 
	
  

 	
 Dark
 Fiber - Records Review

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 Dark
 Fiber - IOF

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 Verizon C.O. to Verizon C.O.

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 Service Order

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 Serving Wire Center (“SWC”) Charge/SWC/Pair

 	
  

 	
 $8.01

 	
  

 	
 $63.21

 
	
  

 	
 IOF Mileage/Pair/Mile

 	
  

 	
 $256.88

 	
  

 	
 $37.68

 
	
  

 	
 IOF Mileage Installation Charge/Pair

 	
  

 	
  

 	
  

 	
 —

 
	
  

 	
 Expedited Handling Charge

 	
  

 	
  

 	
  

 	
 $215.63

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 $122.66

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 Verizon C.O. to CLEC C.O.

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 Service Order

 	
  

 	
  

 	
  

 	
 $63.21

 
	
  

 	
 SWC Charge/SWC/Pair

 	
  

 	
 $8.01

 	
  

 	
 $37.68

 
	
  

 	
 Channel Termination Charge/CLEC C.O.

 	
  

 	
 $114.88

 	
  

 	
 $366.91

 
	
  

 	
 Expedited Handling Charge

 	
  

 	
  

 	
  

 	
 $180.69

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 Dark
 Fiber - Loop

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 Service Order

 	
  

 	
  

 	
  

 	
 $63.21

 
	
  

 	
 SWC Charge/SWC/Pair

 	
  

 	
 $8.01

 	
  

 	
 $37.20

 
	
  

 	
 Loop Charge/Pair:

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 Rate Group A1

 	
  

 	
 $115.02

 	
  

 	
 $726.79

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 Expedited Handling Charge

 	
  

 	
  

 	
  

 	
 $313.10

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 Time
 and Materials Charges

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 Network Transport Engineering (“NTE”)

 	
  

 	
  

 	
  

 	
  $63.64

 
	
  

 	
 Planning/Hour

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 NTE Design/Hour

 	
  

 	
  

 	
  

 	
 $63.64

 
	
  

 	
 NTE Technician/Hour

 	
  

 	
  

 	
  

 	
 $43.86

 
	
  

 	
 CO Technician/Hour

 	
  

 	
  

 	
  

 	
 $41.27

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 Dark
 Fiber Subloop

 	
  

 	
 TBD

 	
  

 	
 TBD

 


140









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service
 Description or Element

 	
  

 	
 Recurring
 Charges 

 	
  

 	
 Non Recurring Charges

 
	

 


 	
  

 	

 


 	
  

 	

 


 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 XV.

 	
 UNE
 PLATFORMS10

 	
  

 	
  

 	
  

 	
  

 
	
 Analog/POTS
 Platform/2 Wire Analog-Digital UNE-P

 Centrex Platform (Analog Centrex)

 ISDN Centrex Platform (ISDN-BRI Centrex)

 POTS/ISDN-BRI Platform

 Coin Platform

 Public Access Line (PAL) Platform

 	
  

 	
  

 	
  

 	
 Initial
Service
 Order: $0.99

 Expedite - $1.22

 Installation - $50.38

 Expedite- $71.13

 Field Dispatch - $115.84

 Expedite - $160.27

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 Manual Surcharge -
 $11.31

 Expedite- $13.98

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 Additional
Installation
 $38.22

 Expedite - $54.08

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 Field Dispatch -
 $38.21

 Expedite - $52.87

 
	
 CONVERSIONS/MIGRATIONS

 	
  

 	
  

 	
  

 	
 Initial
Service
 Order: $0.99

 Expedite - $1.22

 Installation - $4.90

 Expedite - $6.97

 Field dispatch - $115.84

 Expedite - $160.27

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 Manual Surcharge -
 $11.31

 Expedite - $13.98

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 Additional
Field
 Installaltion - $4.74

 Expedite $6.74

 Field Dispatch - $38.21

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 Expedite - $52.87

 	
  

 	
  

 








	
  

 	
  

 
	
 10

 	
 The monthly recurring and usage
 rates for the individual unbundled network elements or services that comprise
 the requested Unbundled Network Element Platform combination are applicable.

 


141









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service
 Description or Element

 	
  

 	
 Recurring
 Charges

 	
  

 	
 Non Recurring
 Charges

 
	

 


 	
  

 	

 


 	
  

 	

 


 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 NEW PLATFORMS 

 DS1 DID/DOD/PBX Platform

 ISDN PRI Platform

 	
  

 	
  

 	
  

 	
 Initial
Service
 Order - $9.24

 Expedite - $11.42

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 Installation -
 $337.74

 Expedite - $488.41

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 Field Dispatch 

 $151.28

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 Expedite - $209.30

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 Manual Surcharge -
 $11.31

 Expedite - $13.98

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 Additional
Installation
 - $328.62

 Expedited - $475.72

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 Field Dispatch -
 $82.33

 Expedited - $113.91

 


142









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service
 Description or Element

 	
  

 	
 Recurring
 Charges

 	
  

 	
 Non Recurring
 Charges

 
	

 


 	
  

 	

 


 	
  

 	

 


 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 CONVERSIONS/MIGRATIONS

 	
  

 	
  

 	
  

 	
 Initial
Service
 Order: $0.99

 Expedite - $1.22

 Installation - $4.90

 Expedite - $6.97

 Field dispatch -

 $115.84

 Expedite - $160.27

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 Manual Surcharge -

 $11.31

 Expedite - $13.98

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 5.2 Additional

 Installation - $4.74

 Expedite $6.74

 Field Dispatch -

 $38.21

 Expedite - $52.87

 
	
 NEW PLATFORMS 

 POTS/ISDN BRI FX Platform

 	
  

 	
  

 	
  

 	
 Initial
Service
 Order:

 $63.21

 Expedite - $78.08

 Installation - $216.65

 Expedite - $307.57

 Field dispatch -

 $115.84

 Expedite - $160.27

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 Manual Surcharge -

 $11.31

 Expedite - $13.98

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 5.3 Additional

 Installation -

 $204.49

 Expedite $290.52

 Field Dispatch -

 $38.21

 Expedite - $52.87

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 CONVERSIONS/MIGRATIONS

 	
  

 	
  

 	
  

 	
 Initial

 Service Order: $0.99

 Expedite - $1.22

 Installation - $4.90

 Expedite - $6.97

 Field dispatch -

 $115.84

 Expedite - $160.27

 


143









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service
 Description or Element

 	
  

 	
 Recurring
 Charges

 	
  

 	
 Non Recurring
 Charges

 
	

 


 	
  

 	

 


 	
  

 	

 


 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 Manual Surcharge
 -

 $11.31

 Expedite - $13.98

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 5.4 Additional

 Installation - $4.74

 Expedite $6.74

 Field Dispatch -

 $38.21

 Expedite - $52.87

 
	
 NEW PLATFORMS

 DS1 DID/DOD/PBX FX Platform

 ISDN PRI FX Platform

 	
  

 	
  

 	
  

 	
 Initial

 Service
 Order:

 $63.21

 Expedite -
 $78.08

 Installation - $507.92

 Expedite - $730.56

 Field dispatch -

 $151.28

 Expedite -
 $209.30

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 Manual Surcharge -

 $11.31

 Expedite - $13.98

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 5.5 Additional

 Installation -

 $498.80

 Expedite
 $717.88

 Field Dispatch -

 $82.33

 Expedite -
 $113.91

 


144









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service
 Description or Element

 	
  

 	
 Recurring
 Charges

 	
  

 	
 Non Recurring
 Charges

 
	

 


 	
  

 	

 


 	
  

 	

 


 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 CONVERSIONS/MIGRATIONS

 	
  

 	
  

 	
  

 	
 Initial
Service
 Order: $0.99

 Expedite - $1.22

 Installation - $4.90

 Expedite - $6.97

 Field dispatch -

 $115.84

 Expedite - $160.27

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 Manual Surcharge -

 $11.31

 Expedite - $13.98

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 5.6 Additional

 Installation - $4.74

 Expedite $6.74

 Field Dispatch -

 $38.21

 Expedite - $52.87

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 


145









	
  

 	
  

 	
  

 
	
 C.
 RESALE11

 	
  

 	
  

 
	
  

 	
  

 	
  

 
	
 I.
 Wholesale rates for resale of telecommunications services provided to end
 users12

 	
  

 	
 Percentage discount
 from retail tariff as amended from time to time13

 
	
  

 	
  

 	
  

 
	
 Resale of retail
 Telecommunications Services if NUI provides own Operator Services

 	
  

 	
 24.70% or discount
 as determined by further Commission Order14

 
	
  

 	
  

 	
  

 
	
 Resale of retail
 Telecommunications Services if NUI uses Verizon Operator Services

 	
  

 	
 16.57% or discount
 as determined by further Commission Order15

 








	
  

 	
  

 
	
 1

 	
 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. 


	
  

 	
  

 
	
 2

 	
 Excludes telecommunications
 services designed primarily for wholesale, such as switched and special
 access, and, subject to the Resale section of the Agreement, the following
 additional arrangements that are not subject to resale: limited duration
 promotional offerings (90 days or less), 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 ether 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. 

 
	
  

 	
  

 
	
 3

 	
 Wholesale discount does not apply
 to telecommunications relay service charge embedded in Verizon’s retail
 rates. 

 
	
  

 	
  

 
	
 4

 	
 See note 14 above.

 
	
  

 	
  

 
	
 5

 	
 See note 14 above. 

 


146









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 D.
 OPERATIONS SUPPORT SYSTEM 

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service
 or Element Description:

 	
  

 	
 Recurring
 Charges:

 	
  

 	
 Non-Recurring
 Charges:

 
	

 


 	
  

 	

 


 	
  

 	

 


 
	
  

 
	
 1.

 	
  

 	
 Access to Pre-Ordering OSS

 	
  

 	
 $.27/Query

 	
  

 	
  

 
	
 2.

 	
  

 	
 Access to Ordering
 OSS

 	
  

 	
 $4.65/Transaction

 	
  

 	
  

 
	
 3.

 	
  

 	
 Access to Provisioning
 OSS

 	
  

 	
 Included in
 Ordering

 	
  

 	
  

 
	
 4.

 	
  

 	
 Access to
 Maintenance & Repair OSS

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 ECG Access

 	
  

 	
 $.27/Query

 	
  

 	
  

 
	
  

 	
  

 	
 EB/OSI Access

 	
  

 	
 $1.26/Trouble
 Ticket

 	
  

 	
  

 
	
 5.

 	
  

 	
 Access to Billing OSS; CD - ROM

 	
  

 	
 $267.85/CD-ROM

 	
  

 	
  

 
	
 6.

 	
  

 	
 Access to Billing
 OSS; Daily Usage File

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Existing Message Recording

 	
  

 	
 $.000281/Message

 	
  

 	
  

 
	
 7.

 	
  

 	
 Access to Billing
 OSS; Daily Usage File Delivery

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Data Tape

 	
  

 	
 $20.64/Tape

 	
  

 	
 $66.66/Programming
 Hour

 
	
  

 	
  

 	
 Network Data Mover

 	
  

 	
 $.000101/Message

 	
  

 	
 Not Applicable

 
	
  

 	
  

 	
 CMDS

 	
  

 	
 $.000101/Message

 	
  

 	
 $66.66/
 Programming Hour

 
	
 8.

 	
  

 	
 Access to Billing
 OSS; Daily Usage File Transport

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 9.6 kb Communications Port

 	
  

 	
 $11.13/Month

 	
  

 	
 $8,552.71/Port

 
	
  

 	
  

 	
 56 kb Communications Port

 	
  

 	
 $30.72/Month

 	
  

 	
 $35,394.48/Port

 
	
  

 	
  

 	
 256 kb Communications Port

 	
  

 	
 $30.72/Month

 	
  

 	
 $58,920.86/Port

 
	
  

 	
  

 	
 T1 Communications Port

 	
  

 	
 $390.10/Month

 	
  

 	
 $210,246.64/Port

 
	
  

 	
  

 	
 Line Installation

 	
  

 	
  

 	
  

 	
 $66.66/Programming
 Hour

 
	
  

 	
  

 	
 Port Set-up

 	
  

 	
  

 	
  

 	
 $10.70/Port

 
	
  

 	
  

 	
 Network Control Programming Coding

 	
  

 	
  

 	
  

 	
 $66.66/
 Programming Hour

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 E.
 911 INTERCONNECTION

 	
  

 	
 Per interstate [BA
 FCC 1 Sec. 6.9.1.] access tariffs for Feature Group D service and DC PSC
 218,, as applicable, for entrance facility plus applicable transport, or
 Collection Arrangement at 911 tandem

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 F. TIME
 AND MATERIALS

 	
  

 	
  

 	
  

 	
  

 
	
 Service Technician
 Charges (Maintenance Service Charges) (service technician work on unbundled
 loops outside of the central office)

 	
  

 	
 Per Verizon
 Companies Administrative Guidelines (Deregulated Services) Sec. 2.D.2

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 Illustrative:

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 Initial visit
 charge $42.00

 
	
  

 	
  

 	
  

 	
  

 	
 Work charge (per
 quarter hour) $16.00

 




147





RECIPROCAL COMPENSATION TRAFFIC TERMINATION RATES 


	
  

 	
  

 	
  

 
	
 A.

 	
 Charges by Verizon 

 
	
  

 	
  

 	
  

 
	
  

 	
 (a)

 	
 Traffic delivered to Verizon
 Tandem: Tandem Rate.

 
	
  

 	
  

 	
  

 
	
  

 	
 (b)

 	
 Traffic delivered directly to
 terminating Verizon End Office: End Office Rate.

 
	
  

 	
  

 	
  

 
	
 B.

 	
 Charges by NUI

 
	
  

 	
  

 	
  

 
	
 1.

 	
 Single-tiered interconnection
 structure: 

 
	
  

 	
  

 
	
  

 	
 NUI’s rates for the termination
 of Verizon’s Reciprocal Compensation 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:

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Tandem Minutes = Total
 minutes of use of Reciprocal Compensation Traffic delivered by NUI to the
 Verizon Tandem for most recent billed quarter.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 End Office
 Minutes = Total minutes of use Reciprocal Compensation
 Traffic delivered by NUI directly to the terminating Verizon End Office for
 most recent billed quarter.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Total Minutes = Total
 minutes of use of Reciprocal Compensation Traffic delivered by NUI to Verizon
 for most recent billed quarter.

 
	
  

 	
  

 	
  

 
	
  

 	
 NUI Charge at the NUI-IP = 

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
  (Tandem
 Minutes x Tandem Rate) + (End Office Minutes x End Office
 Rate)

 
	
  

 	
  

 	
 Total Minutes

 
	
  

 	
  

 	
  

 
	
  

 	
 For the first year after the
 Effective Date, the NUI 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 Traffic
 termination trunks to Verizon End Offices and to Verizon Tandems.

 
	
  

 	
  

 	
  

 
	
 2.

 	
 Multiple-tiered interconnection
 structure (if offered by NUI to any carrier) 

 
	
  

 	
  

 	
  

 
	
  

 	
 (a) Reciprocal Compensation
 Traffic delivered to NUI Tandem: Tandem Rate

 
	
  

 	
  

 	
  

 
	
  

 	
 (b) Reciprocal Compensation
 Traffic delivered to terminating NUI End Office/node: End Office Rate

 
	
  

 	
  

 	
  

 
	
 C.

 	
 Miscellaneous Notes

 
	
  

 	
  

 	
  

 
	
 1.

 	
 The NUI termination rate under
 the single-tiered interconnection structure set forth above is intended to be
 a Reciprocal Compensation Traffic termination rate for Interconnection to the
 NUI-IP within each LATA that is reciprocal and equal to the actual rates that
 will be charged by Verizon to NUI under the two-tiered Reciprocal
 Compensation Traffic termination rate structure described above that will
 apply after the first anniversary of the Effective Date. The single NUI
 termination rate is also intended to provide financial incentives to NUI to
 deliver traffic directly to Verizon’s terminating End Offices once NUI’s
 traffic volumes reach an appropriate threshold. 

 


148