Exhibit 10.39


AGREEMENT


by and between


EXCEL TELECOMMUNICATIONS, INC.
D/B/A EXCEL


and


VERIZON MARYLAND INC., F/K/A BELL
ATLANTIC - MARYLAND, INC.


FOR THE STATE OF


MARYLAND





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 Excel

 	
  

 	
 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

 


i









	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 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 Excel 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

 	
  

 	
 25

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 GLOSSARY

 	
  

 	
 26

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 1.

 	
 General
 Rule

 	
  

 	
 26

 


ii









	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 2.

 	
 Definitions

 	
  

 	
 26

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 ADDITIONAL
 SERVICES ATTACHMENT

 	
  

 	
 38

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 1.

 	
 Alternate
 Billed Calls

 	
  

 	
 38

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 2.

 	
 Dialing
 Parity - Section 251(b)(3)

 	
  

 	
 38

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 3.

 	
 Directory
 Assistance (DA) and Operator Services (OS)

 	
  

 	
 38

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 4.

 	
 Directory
 Listing and Directory Distribution

 	
  

 	
 38

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 5.

 	
 Voice
 Information Service Traffic

 	
  

 	
 40

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 6.

 	
 Intercept
 and Referral Announcements

 	
  

 	
 41

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 7.

 	
 Originating
 Line Number Screening (OLNS)

 	
  

 	
 42

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 8.

 	
 Operations
 Support Systems (OSS) Services

 	
  

 	
 42

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 9.

 	
 Poles,
 Ducts, Conduits and Rights-of-Way

 	
  

 	
 48

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 10.

 	
 Telephone
 Numbers

 	
  

 	
 48

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 11.

 	
 Routing
 for Operator Services and Directory Assistance Traffic

 	
  

 	
 49

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 INTERCONNECTION
 ATTACHMENT

 	
  

 	
 50

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 1.

 	
 General

 	
  

 	
 50

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 2.

 	
 Methods
 for Interconnection and Trunk Types

 	
  

 	
 50

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 3.

 	
 Alternative
 Interconnection Arrangements

 	
  

 	
 56

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 4.

 	
 Initiating
 Interconnection

 	
  

 	
 56

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 5.

 	
 Transmission
 and Routing of Telephone Exchange Service Traffic

 	
  

 	
 57

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 6.

 	
 Traffic
 Measurement and Billing over Interconnection Trunks

 	
  

 	
 58

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 7.

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

 	
  

 	
 59

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 8.

 	
 Other
 Types of Traffic

 	
  

 	
 62

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 9.

 	
 Transmission
 and Routing of Exchange Access Traffic

 	
  

 	
 62

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 10.

 	
 Meet-Point
 Billing Arrangements

 	
  

 	
 63

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 11.

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

 	
  

 	
 66

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 12.

 	
 Tandem
 Transit Traffic

 	
  

 	
 67

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 13.

 	
 Number
 Resources, Rate Center Areas and Routing Points

 	
  

 	
 68

 


iii









	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 14.

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

 	
  

 	
 68

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 15.

 	
 Number
 Portability - Section 251(B)(2)

 	
  

 	
 70

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 RESALE
 ATTACHMENT

 	
  

 	
 74

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 1.

 	
 General

 	
  

 	
 74

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 2.

 	
 Use
 of Verizon Telecommunications Services

 	
  

 	
 74

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 3.

 	
 Availability
 of Verizon Telecommunications Services

 	
  

 	
 75

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 4.

 	
 Responsibility
 for Charges

 	
  

 	
 75

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 5.

 	
 Operations
 Matters

 	
  

 	
 75

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 6.

 	
 Rates
 and Charges

 	
  

 	
 76

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 NETWORK
 ELEMENTS ATTACHMENT

 	
  

 	
 77

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 1.

 	
 General

 	
  

 	
 77

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 2.

 	
 Verizon’s
 Provision of Network Elements

 	
  

 	
 78

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 3.

 	
 Loop
 Transmission Types

 	
  

 	
 79

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 4.

 	
 Line
 Sharing

 	
  

 	
 85

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 5.

 	
 Line
 Splitting

 	
  

 	
 91

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 6.

 	
 Sub-Loop

 	
  

 	
 92

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 7.

 	
 Inside
 Wire

 	
  

 	
 96

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 8.

 	
 Dark
 Fiber

 	
  

 	
 96

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 9.

 	
 Network
 Interface Device

 	
  

 	
 100

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 10.

 	
 Unbundled
 Switching Elements

 	
  

 	
 101

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 11.

 	
 Unbundled
 Interoffice Facilities

 	
  

 	
 102

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 12.

 	
 Signaling
 Networks and Call-Related Databases

 	
  

 	
 103

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 13.

 	
 Operations
 Support Systems

 	
  

 	
 104

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 14.

 	
 Availability
 of Other Network Elements on an Unbundled Basis

 	
  

 	
 104

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 15.

 	
 Maintenance
 of Network Elements

 	
  

 	
 106

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 16.

 	
 Combinations

 	
  

 	
 106

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 17.

 	
 Rates
 and Charges

 	
  

 	
 106

 


iv









	
  

 	
  

 	
  

 	
  

 	
  

 
	
 COLLOCATION
 ATTACHMENT

 	
  

 	
 107

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 1.

 	
 Verizon’s
 Provision of Collocation

 	
  

 	
 107

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 2.

 	
 Excel’s
 Provision of Collocation

 	
  

 	
 107

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 911
 ATTACHMENT

 	
  

 	
 108

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 1.

 	
 911/E-911
 Arrangements

 	
  

 	
 108

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 2.

 	
 Electronic
 Interface

 	
  

 	
 108

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 3.

 	
 911
 Interconnection

 	
  

 	
 109

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 4.

 	
 911
 Facilities

 	
  

 	
 109

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 5.

 	
 Local
 Number Portability for use with 911

 	
  

 	
 109

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 6.

 	
 PSAP
 Coordination

 	
  

 	
 109

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 7.

 	
 911
 Compensation

 	
  

 	
 109

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 8.

 	
 911
 Rules and Regulations

 	
  

 	
 109

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 PRICING
 ATTACHMENT

 	
  

 	
 110

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 1.

 	
 General

 	
  

 	
 110

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 2.

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

 	
  

 	
 110

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 3.

 	
 Excel
 Prices

 	
  

 	
 112

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 4.

 	
 Section
 271

 	
  

 	
 112

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 5.

 	
 Regulatory
 Review of Prices

 	
  

 	
 112

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 APPENDIX
 A TO THE PRICING ATTACHMENT

 	
  

 	
 113

 


v






AGREEMENT


PREFACE


This Agreement (“Agreement”) shall be deemed
effective upon Commission approval pursuant to Section 252 of the Act (the
“Effective Date”), between Excel Telecommunications, Inc. d/b/a Excel
(“Excel”), a corporation organized under the laws of the State of Texas, with
offices at 1600 Viceroy Drive, Dallas, Texas 75235 and Verizon Maryland Inc.,
f/k/a Bell Atlantic - Maryland, Inc. (“Verizon”), a corporation organized under
the laws of the State of Maryland with offices at 1 East Pratt Street,
Baltimore, MD 21202 (Verizon and Excel 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 Excel 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 June 2, 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 Excel or
 Verizon may terminate this Agreement effective upon the expiration of the Initial
 Term or effective upon any date after expiration of the 

 


1









	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Initial Term by
 providing written notice of termination at least ninety (90) days in advance
 of the date of termination.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.3

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

 
	
  

 	
  

 	
  

 
	
  

 	
 2.4

 	
 If either Excel 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 Excel 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

 

 UNE Attachment

 

 Collocation Attachment

 

 911 Attachment

 

 Pricing Attachment

 
	
  

 	
  

 
	
 4.

 	
 Applicable
 Law

 
	
  

 	
  

 	
  

 
	
  

 	
 4.1

 	
 The construction,
 interpretation and performance of this Agreement shall be governed by (a) the
 laws of the United States of America and (b) the laws of the State of
 Maryland, 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; 

 


2









	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 provided, that if
 the invalid or unenforceable provision is a material provision of this
 Agreement, or the invalidity or unenforceability materially affects the
 rights or obligations of a Party hereunder or the ability of a Party to
 perform any material provision of this Agreement, the Parties shall promptly
 renegotiate in good faith and amend in writing this Agreement in order to
 make such mutually acceptable revisions to this Agreement as may be required
 in order to conform the Agreement to Applicable Law.

 
	
  

 	
  

 	
  

 
	
  

 	
 4.6

 	
 If any
 legislative, regulatory, judicial or other governmental decision, order,
 determination or action, or any change in Applicable Law, materially affects
 any material provision of this Agreement, the rights or obligations of a
 Party hereunder, or the ability of a Party to perform any material provision
 of this Agreement, the Parties shall promptly renegotiate in good faith and
 amend in writing this Agreement in order to make such mutually acceptable
 revisions to this Agreement as may be required in order to conform the
 Agreement to Applicable Law.

 
	
  

 	
  

 	
  

 
	
  

 	
 4.7

 	
 Notwithstanding
 anything in this Agreement to the contrary, if, as a result of any
 legislative, judicial, regulatory or other governmental decision, order,
 determination or action, or any change in Applicable Law, Verizon is not
 required by Applicable Law to provide any Service, payment or benefit, otherwise
 required to be provided to Excel hereunder, then Verizon may discontinue the
 provision of any such Service, payment or benefit, and Excel shall reimburse
 Verizon for any payment previously made by Verizon to Excel that was not
 required by Applicable Law. Verizon will provide thirty (30) days prior
 written notice to Excel 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, Excel 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 Excel (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 Excel by Verizon, or (d) admits its inability to pay its debts as such
 debts become due, has commenced a voluntary case (or has had a case commenced
 against it) under the U.S. Bankruptcy Code or any other law relating to
 bankruptcy, insolvency, reorganization, winding-up, composition or adjustment
 of debts or the like, has made an assignment for the benefit of creditors or
 is subject to a receivership or similar proceeding.

 
	
  

 	
  

 	
  

 
	
  

 	
 6.3

 	
 Unless otherwise
 agreed by the Parties, the assurance of payment shall, at Verizon’s option,
 consist of (a) a cash security deposit in U.S. dollars held by 

 


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 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 Excel 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 Excel in respect of any amounts to be paid by
 Excel 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, Excel shall
 provide a replacement or supplemental letter of credit or cash deposit
 conforming to the requirements of Section 6.2.

 
	
  

 	
  

 	
  

 
	
  

 	
 6.8

 	
 Notwithstanding
 anything else set forth in this Agreement, if Verizon makes a request for
 assurance of payment in accordance with the terms of this Section, then
 Verizon shall have no obligation thereafter to perform under this Agreement
 until such time as Excel 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 Excel from compliance with the requirements of this Agreement
 (including, but not limited to, any applicable Tariffs) as to advance
 payments and payment for Services, nor constitute a waiver or modification of
 the terms herein pertaining to the discontinuance of Services for nonpayment of
 any amounts payment of which is required by this Agreement.

 
	
  

 	
  

 	
  

 
	
 7.

 	
 Audits

 
	
  

 	
  

 
	
  

 	
 7.1

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

 
	
  

 	
  

 	
  

 
	
  

 	
 7.2

 	
 The audit shall be
 performed by independent certified public accountants selected and paid by
 the Auditing Party. The accountants shall be reasonably acceptable to the
 Audited Party. Prior to commencing the audit, the accountants shall execute
 an agreement with the Audited Party in a form reasonably acceptable to the
 Audited Party that protects the confidentiality of the information disclosed
 by the Audited Party to the accountants. The audit shall take place at a time
 and place agreed upon by the Parties; provided, that the Auditing Party 

 


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 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 Maryland and has full power and
 authority to execute and deliver this Agreement and to perform its
 obligations under this Agreement.

 
	
  

 	
  

 	
  

 
	
  

 	
 8.2

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

 
	
  

 	
  

 	
  

 
	
  

 	
 8.3

 	
 Excel
 Certification.

 
	
  

 	
  

 	
  

 
	
  

 	
  

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

 


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 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.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 10.2

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

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 10.2.1

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

 


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 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.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 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

 


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 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 Excel

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 13.1

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

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 13.2

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

 
	
  

 	
  

 	
  

 
	
  

 	
 13.3

 	
 Should a Excel
 Customer subsequently become a Verizon Customer, Excel shall provide Verizon
 with all information necessary for Verizon to establish service for 

 


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 the Excel
 Customer, including, but not limited to, the Excel Customer’s billed name,
 listed name, service address, and billing address, and the services being
 provided to the Excel 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.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 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.

 


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

 
	
  

 	
  

 
	
 17.

 	
 Fraud

 
	
  

 	
  

 
	
  

 	
 Excel 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 Excel’s account in cases of, fraud by
 Excel’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.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 20.2.2

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

 


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 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.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 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.

 


11









	
  

 	
  

 	
  

 	
  

 
	
  

 	
 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

 	
 Excel 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,
 Excel 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 Excel’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 Excel.

 
	
  

 	
  

 	
  

 
	
  

 	
 21.3

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

 
	
  

 	
  

 	
  

 
	
  

 	
 21.4

 	
 Excel shall,
 within two (2) weeks of the Effective Date hereof at the time of each renewal
 of, or material change in, Excel ‘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 

 


12









	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 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

 	
 Excel 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 Excel or
 Excel’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 Excel shall reimburse Verizon for the cost of the
 insurance.

 
	
  

 	
  

 	
  

 
	
  

 	
 21.7

 	
 Certificates
 furnished by Excel or Excel’s contractors shall contain a clause stating:
 “Verizon Maryland Inc., f/k/a Bell Atlantic - Maryland, 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

 	
 Excel agrees that
 the Services provided by Verizon hereunder shall be subject to the terms,
 conditions and restrictions contained in any applicable agreements
 (including, but not limited to software or other intellectual property
 license agreements) between Verizon and Verizon’s vendors. Verizon agrees to
 advise Excel, directly or through a third party, of any such terms,
 conditions or restrictions that may limit any Excel use of a Service provided
 by Verizon that is 

 


13









	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 otherwise
 permitted by this Agreement. At Excel’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 Excel 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.
 Excel 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 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 

 


14









	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 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. Excel 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 fraud associated with third
 number billed calls, calling card calls, and other services related to this
 Agreement.

 


15









	
  

 	
  

 	
  

 	
  

 
	
  

 	
 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:

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 29.1.1

 	
 shall be in
 writing;

 


16









	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 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 Excel:

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Melissa Smith

 Vice President External Legal Affairs

 1600 Viceroy Drive, 4th Floor

 Dallas, Texas 75235-2306

 Telephone Number: (214) 424-1505

 Facsimile Number: (214) 424-1177

 Internet Address: melsmith@vartec.net

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 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

 
	
  

 	
  

 
	
  

 	
 Excel shall use
 Verizon’s electronic Operations Support System access platforms to submit
 Orders and requests for maintenance and repair of Services, and to engage in
 other pre-ordering, ordering, provisioning, maintenance and repair
 transactions. If Verizon has not yet deployed an electronic capability for
 Excel to perform a pre-ordering, ordering, provisioning, maintenance or
 repair, transaction offered by Verizon, Excel shall 

 


17









	
  

 	
  

 	
  

 	
  

 
	
  

 	
 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 Excel.

 
	
  

 	
  

 	
  

 
	
  

 	
 31.3

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

 
	
  

 	
  

 	
  

 	
  

 
	
 32.

 	
 Point
 of Contact for Excel Customers

 
	
  

 	
  

 	
  

 
	
  

 	
 32.1

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

 
	
  

 	
  

 	
  

 
	
 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 State of
 Maryland 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 State of
 Maryland pursuant to Section 252 of the Act and in effect immediately prior
 to the Effective Date, shall as of the Effective Date be subject to and
 purchased under this Agreement.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 33.2

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

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 33.3

 	
 If either Party
 elects to cancel the commitment pursuant to the proviso in Section 33.2, the
 Purchasing Party shall not be liable for any termination charge that would
 otherwise have applied. However, if the commitment was cancelled by the
 Purchasing Party, the Providing Party shall be entitled to payment from the 

 


18









	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 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 employees,
 Agents and contractors, and for withholding and remitting to the 

 


19









	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 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

 	
 Excel acknowledges
 Excel has been advised by Verizon that it is Verizon’s position that:

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 37.2.1

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

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 37.2.2

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

 
	
  

 	
  

 	
  

 	
  

 
	
 38.

 	
 Subcontractors

 
	
  

 	
  

 
	
  

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

 
	
  

 	
  

 
	
 39.

 	
 Successors
 and Assigns

 
	
  

 	
  

 
	
  

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

 
	
  

 	
  

 
	
 40.

 	
 Survival

 
	
  

 	
  

 
	
  

 	
 The rights,
 liabilities and obligations of a Party for acts or omissions occurring prior
 to the expiration, cancellation or termination of this Agreement, the rights,
 liabilities and obligations of a Party under any provision of this Agreement
 regarding confidential information (including but not limited to, Section
 10), indemnification or defense (including, but not limited to, Section 20),
 or limitation or exclusion of liability (including, 

 


20









	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 
	
  

 	
 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 Providing Party and the
 Purchasing Party, (x) the Providing Party shall be liable 

 


21









	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 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

 


22









	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 To Excel:

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Roberta Brown

 Tax Accounting

 1600 Viceroy Drive, 6th Floor

 Dallas, Texas 75235

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 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 Excel’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. Excel 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 State of Maryland. 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 Excel 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.

 


23









	
  

 	
  

 	
  

 	
  

 
	
 46.

 	
 252(i)
 Obligations

 
	
  

 	
  

 
	
  

 	
 46.1

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

 
	
  

 	
  

 	
  

 
	
  

 	
 46.2

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

 
	
  

 	
  

 	
  

 
	
  

 	
 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
 Excel terminate any provision of this Agreement that provides for the payment
 by Verizon to Excel 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 Excel. Following such
 termination, except as otherwise agreed in writing by the Parties, Verizon
 shall be obligated to provide compensation to Excel 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 Excel related to traffic only to the extent required by
 Applicable Law. If within thirty (30) days after Verizon’s notice of
 termination the Parties are unable to agree in writing upon mutually
 acceptable substitute provisions for compensation related to traffic, either
 Party may submit their disagreement to dispute resolution in accordance with
 Section 14 of this Agreement.

 


24





SIGNATURE PAGE


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


	
  

 	
  

 	
  

 	
  

 
	
 EXCEL
 TELECOMMUNICATIONS, INC. D/B/A 

 EXCEL

 	
 VERIZON
 MARYLAND INC.

 
	
  

 	
  

 
	
 By: 

 	
 /s/ Connie
 Mitchell

 	
 By:

 	
 /s/ Steven J.
 Pitterle

 
	
  

 	

 


 	
  

 	

 


 
	
  

 	
  

 
	
 Printed: Connie
 Mitchell

 	
 Printed: Steven J.
 Pitterle

 
	
  

 	
  

 
	
 Title: Chief
 Administrative Officer - President 

 VarTec Properties

 	
 Title: Director -
 Contract Negotiations

 


25





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

 	
 ADSL (Asymmetrical
 Digital Subscriber Line).

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 A transmission
 technology on twisted pair copper Loop plant, which transmits an asymmetrical
 digital signal of up to 8 Mbps toward the Customer and up to 1 Mbps from the
 Customer, as specified in ANSI standards T1.413-1998 and Bell Atlantic Technical
 Reference TR-72575.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.3

 	
 Affiliate.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Shall have the
 meaning set forth in the Act.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.4

 	
 Agent.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 An agent or
 servant.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.5

 	
 Agreement.

 
	
  

 	
  

 	
  

 
	
  

 	
  

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

 


26









	
  

 	
  

 	
  

 	
  

 
	
  

 	
 2.6

 	
 Ancillary Traffic.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 All traffic that
 is destined for ancillary services, or that may have special billing
 requirements, including but not limited to the following: Directory
 Assistance, 911/E911, Operator Services (IntraLATA call completion),
 IntraLATA third party, collect and calling card, 800/888 database query,
 LIDB, and 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.

 
	
  

 	
  

 	
  

 
	
  

 	
 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.

 


27









	
  

 	
  

 	
  

 	
  

 
	
  

 	
 2.16

 	
 Central Office
 Switch.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 A switch used to
 provide Telecommunications Services, including, but not limited to, an End
 Office Switch or a Tandem Switch. A Central Office Switch may also be
 employed as 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 State of Maryland. Excel
 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.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Maryland 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

 	
 Digital Signal
 Level.

 
	
  

 	
  

 	
  

 
	
  

 	
  

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

 


28









	
  

 	
  

 	
  

 	
  

 
	
  

 	
 2.27

 	
 DS0 (Digital
 Signal Level 0).

 
	
  

 	
  

 	
  

 
	
  

 	
  

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

 
	
  

 	
  

 	
  

 
	
  

 	
 2.28

 	
 DS1 (Digital
 Signal Level 1).

 
	
  

 	
  

 	
  

 
	
  

 	
  

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

 
	
  

 	
  

 	
  

 
	
  

 	
 2.29

 	
 DS3 (Digital
 Signal Level 3).

 
	
  

 	
  

 	
  

 
	
  

 	
  

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

 
	
  

 	
  

 	
  

 
	
  

 	
 2.30

 	
 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.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.31

 	
 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.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.32

 	
 Entrance Facility.

 
	
  

 	
  

 	
  

 
	
  

 	
  

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

 
	
  

 	
  

 	
  

 
	
  

 	
 2.33

 	
 Exchange Access.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Shall have the
 meaning set forth in the Act.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.34

 	
 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.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.35

 	
 FCC.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 The Federal
 Communications Commission.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.36

 	
 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).

 


29









	
  

 	
  

 	
  

 	
  

 
	
  

 	
 2.37

 	
 FCC Regulations.

 
	
  

 	
  

 	
  

 
	
  

 	
  

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

 
	
  

 	
  

 	
  

 
	
  

 	
 2.38

 	
 HDSL (High-Bit
 Rate Digital Subscriber Line).

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 A transmission
 technology that transmits up to a DS1 level signal, using any one of the
 following line codes: 2 Binary/1 Quartenary (2B1Q), Carrierless AM/PM,
 Discrete Multitone (DMT), or 3 Binary/1 Octal (3BO).

 
	
  

 	
  

 	
  

 
	
  

 	
 2.39

 	
 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.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.40

 	
 ILEC (Incumbent
 Local Exchange Carrier).

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Shall have the
 meaning stated in the Act.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.41

 	
 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.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.42

 	
 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.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.43

 	
 Internet Traffic.

 
	
  

 	
  

 	
  

 
	
  

 	
  

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

 
	
  

 	
  

 	
  

 
	
  

 	
 2.44

 	
 InterLATA Service.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Shall have the
 meaning set forth in the Act.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.45

 	
 IntraLATA.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Telecommunications
 that originate and terminate within the same LATA.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.46

 	
 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.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.47

 	
 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 

 


30









	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 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).

 
	
  

 	
  

 	
  

 
	
  

 	
 2.48

 	
 IXC (Interexchange
 Carrier).

 
	
  

 	
  

 	
  

 
	
  

 	
  

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

 
	
  

 	
  

 	
  

 
	
  

 	
 2.49

 	
 LATA (Local Access
 and Transport Area).

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Shall have the
 meaning set forth in the Act.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.50

 	
 LEC (Local Exchange
 Carrier).

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Shall have the
 meaning set forth in the Act.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.51

 	
 LERG (Local
 Exchange Routing Guide).

 
	
  

 	
  

 	
  

 
	
  

 	
  

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

 
	
  

 	
  

 	
  

 
	
  

 	
 2.52

 	
 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.,
 data for billed number screening).

 
	
  

 	
  

 	
  

 
	
  

 	
 2.53

 	
 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.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.54

 	
 Loop.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 A transmission
 path that extends from a Main Distribution Frame, DSX-panel, or functionally
 comparable piece of equipment in a Customer’s serving End Office, to the Rate
 Demarcation Point (or NID if installed at the Rate Demarcation Point) in or
 at the Customer’s premises. The actual transmission facilities used to
 provide a Loop may utilize any of several technologies.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.55

 	
 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.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.56

 	
 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.

 


31









	
  

 	
  

 	
  

 	
  

 
	
  

 	
 2.57

 	
 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.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.58

 	
 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.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.59

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

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 A document
 developed by the Ordering/Provisioning Committee under the auspices of the
 Ordering and Billing Forum (OBF), which functions under the auspices of the
 Carrier Liaison Committee (CLC) of the Alliance for Telecommunications
 Industry Solutions (ATIS). The MECOD document, published by 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.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.60

 	
 Merger Order.

 
	
  

 	
  

 	
  

 
	
  

 	
  

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

 
	
  

 	
  

 	
  

 
	
  

 	
 2.61

 	
 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.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.62

 	
 Network Element.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Shall have the
 meaning stated in the Act.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.63

 	
 NID (Network
 Interface Device).

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 The Verizon
 provided interface terminating Verizon’s Telecommunications 

 


32









	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 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.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.64

 	
 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.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.65

 	
 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).

 
	
  

 	
  

 	
  

 
	
  

 	
 2.66

 	
 Order.

 
	
  

 	
  

 	
  

 
	
  

 	
  

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

 
	
  

 	
  

 	
  

 
	
  

 	
 2.67

 	
 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.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.68

 	
 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.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.69

 	
 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

 
	
  

 	
  

 	
  

 
	
  

 	
 2.70

 	
 Providing Party.

 
	
  

 	
  

 	
  

 
	
  

 	
  

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

 
	
  

 	
  

 	
  

 
	
  

 	
 2.71

 	
 Purchasing Party.

 
	
  

 	
  

 	
  

 
	
  

 	
  

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

 


33









	
  

 	
  

 	
  

 	
  

 
	
  

 	
 2.72

 	
 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.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.73

 	
 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.”

 
	
  

 	
  

 	
  

 
	
  

 	
 2.74

 	
 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.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.75

 	
 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).

 
	
  

 	
  

 	
  

 
	
  

 	
 2.76

 	
 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.

 


34









	
  

 	
  

 	
  

 	
  

 
	
  

 	
 2.77

 	
 Retail Prices.

 
	
  

 	
  

 	
  

 
	
  

 	
  

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

 
	
  

 	
  

 	
  

 
	
  

 	
 2.78

 	
 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.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.79

 	
 Service.

 
	
  

 	
  

 	
  

 
	
  

 	
  

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

 
	
  

 	
  

 	
  

 
	
  

 	
 2.80

 	
 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 Excel currently utilize this
 out-of-band signaling protocol.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.81

 	
 Subsidiary.

 
	
  

 	
  

 	
  

 
	
  

 	
  

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

 
	
  

 	
  

 	
  

 
	
  

 	
 2.82

 	
 Switched Access
 Detail Usage Data.

 
	
  

 	
  

 	
  

 
	
  

 	
  

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

 
	
  

 	
  

 	
  

 
	
  

 	
 2.83

 	
 Switched Access
 Summary Usage Data.

 
	
  

 	
  

 	
  

 
	
  

 	
  

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

 
	
  

 	
  

 	
  

 
	
  

 	
 2.84

 	
 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.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.85

 	
 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.

 


35









	
  

 	
  

 	
  

 	
  

 
	
  

 	
 2.86

 	
 Tariff.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 2.86.1

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

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 2.86.2

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

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

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

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 
	
  

 	
 2.87

 	
 Telcordia
 Technologies.

 
	
  

 	
  

 	
  

 
	
  

 	
  

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

 
	
  

 	
  

 	
  

 
	
  

 	
 2.88

 	
 Telecommunications
 Carrier.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Shall have the
 meaning set forth in the Act.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.89

 	
 Telecommunications
 Services.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Shall have the
 meaning set forth in the Act.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.90

 	
 Telephone Exchange
 Service.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Shall have the
 meaning set forth in the Act.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.91

 	
 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.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.92

 	
 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.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.93

 	
 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, Sate or local laws or governmental
 regulations or requirements, that are similar to the above-referenced laws or
 that otherwise govern releases, chemicals, products, materials or wastes that
 may pose risks to human health or safety, or the environment, or that relate
 to the protection of wetlands or other natural resources.

 


36








	
  

 	
  

 
	
 2.94

 	
 Traffic Factor 1. 

 
	
  

 	
  

 
	
  

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

 
	
  

 	
  

 
	
 2.95

 	
 Traffic Factor 2. 

 
	
  

 	
  

 
	
  

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

 
	
  

 	
  

 
	
 2.96

 	
 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.

 
	
  

 	
  

 
	
 2.97

 	
 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.

 
	
  

 	
  

 
	
 2.98

 	
 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.

 
	
  

 	
  

 
	
 2.99

 	
 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.

 
	
  

 	
  

 
	
 2.100

 	
 Wire Center. 

 
	
  

 	
  

 
	
  

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

 


37





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

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

 
	
  

 	
  

 	
  

 
	
  

 	
 4.1

 	
 Listing Information. 

 
	
  

 	
  

 	
  

 
	
  

 	
  

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

 
	
  

 	
  

 	
  

 
	
  

 	
  

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

 


38









	
  

 	
  

 	
  

 
	
  

 	
 4.3

 	
 Listing Inclusion
 and Distribution. 

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Verizon shall
 include each Excel 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 Excel 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 Excel’s Customers shall be interfiled with listings
 of Verizon’s Customers and the Customers of other LECs included in the
 Verizon directories. Excel shall pay Verizon’s tariffed charges for
 additional and foreign alphabetical listings and other alphabetical services
 (e.g. caption arrangements) for Excel’s Customers.

 
	
  

 	
  

 	
  

 
	
  

 	
 4.4

 	
 Verizon
 Information. 

 
	
  

 	
  

 	
  

 
	
  

 	
  

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

 
	
  

 	
  

 	
  

 
	
  

 	
 4.5

 	
 Confidentiality of
Listing Information.  

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Verizon shall
 accord Excel 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
 Excel Listing Information for directory publishing, direct marketing, or any
 other purpose for which Verizon uses or licenses its own listing information,
 so long as Excel Customers are not separately identified as such; and
 provided further that Excel may identify those of its Customers who request
 that their names not be sold for direct marketing purposes, and Verizon shall
 honor such requests to the same extent it does so for its own Customers.
 Verizon shall not be obligated to compensate Excel for Verizon’s use or
 licensing of Excel Listing Information.

 
	
  

 	
  

 	
  

 
	
  

 	
 4.6

 	
 Accuracy. 

 
	
  

 	
  

 	
  

 
	
  

 	
  

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

 
	
  

 	
  

 	
  

 
	
  

 	
 4.7

 	
 Indemnification. 

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Excel shall adhere
 to all practices, standards, and ethical requirements established by Verizon
 with regard to listings. By providing Verizon with Listing Information, Excel
 warrants to Verizon that Excel has the right to provide such Listing
 Information to Verizon on behalf of its Customers. Excel 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, 

 


39









	
  

 	
  

 	
  

 
	
  

 	
  

 	
 and (b) to use any
 personal or corporate name, trade name, trademark, service mark or language
 used in the listing. Excel agrees to release, defend, hold harmless and
 indemnify Verizon from and against any and all claims, losses, damages,
 suits, or other actions, or any liability whatsoever, suffered, made, instituted,
 or asserted by any person arising out of Verizon’s publication or
 dissemination of the Listing Information as provided by Excel hereunder.

 
	
  

 	
  

 	
  

 
	
  

 	
 4.8

 	
 Liability. 

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Verizon’s
 liability to Excel in the event of a Verizon error in or omission of a
 listing shall not exceed the lesser of the amount of charges actually paid by
 Excel for such listing or the amount by which Verizon would be liable to its
 own customer for such error or omission. Excel 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
 Excel’s Customers in the event of a Verizon error in or omission of a listing
 shall be subject to the same limitations of liability applicable between
 Verizon and its own Customers.

 
	
  

 	
  

 	
  

 
	
  

 	
 4.9

 	
 Service
 Information Pages. 

 
	
  

 	
  

 	
  

 
	
  

 	
  

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

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Excel acknowledges
 that if Excel 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 

 


40









	
  

 	
  

 	
  

 
	
  

 	
  

 	
 subject to
 Reciprocal Compensation charges under Section 7 the Interconnection
 Attachment.

 
	
  

 	
  

 	
  

 
	
  

 	
 5.2

 	
 If a Excel
 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, Excel
 shall pay to Verizon without discount any Voice Information Service provider
 charges billed by Verizon to Excel. Excel shall pay Verizon such charges in
 full regardless of whether or not Excel collects such charges from its own
 Customer.

 
	
  

 	
  

 	
  

 
	
  

 	
 5.3

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

 
	
  

 	
  

 	
  

 
	
 6.

 	
 Intercept
 and Referral Announcements 

 
	
  

 	
  

 	
  

 
	
  

 	
 6.1

 	
 When a Customer
 changes its service provider from Verizon to Excel, or from Excel 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. 

 
	
  

 	
  

 	
  

 


41









	
  

 	
  

 	
  

 
	
 7.

 	
 Originating
 Line Number Screening (OLNS) 

 
	
  

 	
  

 	
  

 
	
  

 	
 Upon Excel’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 

 
	
  

 	
  

 	
  

 
	
  

 	
 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 Excel Usage Information to Excel pursuant to Section 8.3 below;
 and, (b) “Verizon OSS Information”, as defined in Section 8.1.4 below. 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.1.3

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

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.1.4

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

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 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

 	
 Excel Usage
 Information: For a Verizon Retail Telecommunications Service purchased by Excel
 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 Excel 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. 

 


42









	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 8.2

 	
 Verizon OSS
 Services.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.2.1

 	
 Upon request by
 Excel, Verizon shall provide to Excel 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 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 Excel. 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.2.3

 	
 To the extent
 required by Applicable Law, in providing Verizon OSS Services to Excel,
 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

 	
 Excel Usage
 Information. 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.3.1

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

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.3.2

 	
 Excel Usage
 Information will be available to Excel 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

 	
 Excel 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 above will be issued each
 day, Monday through Friday, except holidays observed by Verizon. 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 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, Excel Usage Information will
 be provided to Excel 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 Excel only to the extent necessary for
 Excel’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 Excel only to provide
 Telecommunications Services to Excel Customers. 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.4.3

 	
 Excel shall
 restrict access to and use of Verizon OSS Facilities to Excel. This Section 8
 does not grant to Excel any right or license to grant sublicenses to other
 persons, or permission to other persons (except 

 


43









	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 Excel’s employees,
 agents and contractors, in accordance with Section 8.4.7 below), to access or
 use Verizon OSS Facilities.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.4.4

 	
 Excel 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 Excel’s use under this
 Section 8. 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.4.5

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

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.4.7

 	
 Excel’s employees,
 agents and contractors may access and use Verizon OSS Facilities only to the
 extent necessary for Excel’s access to and use of the Verizon OSS Facilities
 permitted by this Agreement. Any access to or use of Verizon OSS Facilities
 by Excel’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 8.5.2.3 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 Excel 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, Excel shall acquire no rights in or to
 any Verizon OSS Information. 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 8.5.2.1

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 8.5.2.2

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 8.5.2.3

 	
 Excel 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 

 


44









	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 Verizon pursuant
 to Section 10 of the General Terms and Conditions.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 8.5.2.4

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 8.5.2.5

 	
 Excel’s employees,
 agents and contractors may access, use and disclose Verizon OSS Information
 only to the extent necessary for Excel’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 Excel’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 8.5.2.3 above. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 8.5.2.6

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 8.5.2.7

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.5.3

 	
 Unless sooner
 terminated or suspended in accordance with 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 below), Excel’s access to Verizon OSS
 Information through Verizon OSS Services shall terminate upon the expiration
 or termination of this Agreement.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.5.4

 	
 Audits. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 8.5.4.1

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 8.5.4.2

 	
 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 Excel
 ‘s access to and use of Verizon OSS Information which is made available by
 Verizon to Excel pursuant to this Agreement, to ascertain whether Excel is
 complying with the requirements of Applicable Law and this Agreement, with
 regard to Excel ‘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 Excel ‘s access to
 and 

 


45









	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 use of Verizon OSS
 Information which is made available by Verizon to Excel through Verizon OSS
 Facilities.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 8.5.4.3

 	
 Information
 obtained by Verizon pursuant to this Section 8.5.4 shall be treated by
 Verizon as Confidential Information of Excel 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 this Section 8.5.4 to enforce Verizon’s rights under this
 Agreement or Applicable Law. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.5.5

 	
 Excel 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
 Excel, or Excel’s employees, agents or contractors, of the provisions of
 Sections 8.4 or 8.5 above shall be deemed a material breach of this
 Agreement. In addition, if Excel or an employee, agent or contractor of Excel
 at any time breaches a provision of Sections 8.4 or 8.5 above and such breach
 continues for more than ten (10) days after written notice thereof from
 Verizon, then, except as otherwise required by Applicable Law, Verizon shall
 have the right, upon notice to Excel, to suspend the license to use Verizon
 OSS Information granted by Section 8.5.1 above and/or the provision of
 Verizon OSS Services, in whole or in part. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.6.2

 	
 Excel agrees that
 Verizon would be irreparably injured by a breach of Sections 8.4 or 8.5 above
 by Excel or the employees, agents or contractors of Excel, and that Verizon
 shall be entitled to seek equitable relief, including injunctive relief and
 specific performance, in the event of any such breach. Such remedies shall
 not be deemed to be the exclusive remedies for any such breach, but shall be
 in addition to any other remedies available under this Agreement or at law or
 in equity. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 8.7

 	
 Relation to
 Applicable Law. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 The provisions of
 Sections 8.4, 8.5 and 8.6 above 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.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Excel, at Excel’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, Excel 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 Excel anticipates submitting in each week of the next
 Calendar Quarter. 

 


46









	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.8.2

 	
 Excel 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

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 8.9

 	
 Verizon Access to
 Information Related to Excel Customers. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.9.1

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.9.2

 	
 Upon request by
 Verizon, Excel shall negotiate in good faith and enter into a contract with
 Verizon, pursuant to which Verizon may obtain access to Excel’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 Excel Customers
 (as authorized by the applicable Excel 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 Excel
 prior to, or in lieu of, Verizon’s provision of the Verizon OSS Service to
 Excel. 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 Excel. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.10.3

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.10.4

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

 


47









	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 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 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 9.1

 	
 Verizon shall
 afford Excel 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

 	
 Excel shall afford
 Verizon non-discriminatory access to poles, ducts, conduits and rights-of-way
 owned or controlled by Excel. Such access shall be provided pursuant to
 Excel’s applicable Tariffs, or, in the absence of an applicable Excel Tariff,
 Excel’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 Excel for such access shall be no less favorable than the terms,
 conditions and prices offered to Excel 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 Excel Customers served by Telecommunications
 Services provided by Verizon to Excel for resale or a Local Switching Network
 Element provided by Verizon to Excel.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 10.2

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 10.3

 	
 Subject to
 Sections 10.2 and 10.4, if a Customer of either Verizon or Excel 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 Excel, from Excel
 to Verizon, or from Excel 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 Excel 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 Excel under this Agreement is terminated
 and the telephone numbers associated with such VTS or VLSNE have not been
 ported to a Excel switch, the telephone numbers shall be available for
 reassignment by Verizon to any person to whom Verizon elects to assign the 

 


48









	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 telephone numbers,
 including, but not limited to, Verizon, Verizon Customers, Excel, or
 Telecommunications Carriers other than Verizon and Excel.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 10.6

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 11.

 	
 Routing
 for Operator Services and Directory Assistance Traffic 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

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

 


49





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

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 2.1.3.1

 	
 a Collocation
 arrangement Excel 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 Excel 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 Excel network to
 the Verizon-IP. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 2.1.4

 	
 Excel 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 above. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 2.1.5

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 2.1.5.1

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

 


50









	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 2.1.5.2

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 2.1.5.3

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 2.1.6

 	
 Verizon may order
 from Excel, in accordance with the rates, terms and conditions set forth in
 this Agreement and applicable Excel Tariff(s) (or in the absence of
 applicable rates, terms and conditions set forth in this Agreement and Excel
 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 above. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 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 Excel 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). 

 


51









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 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 Excel 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 Excel network; or, (b) if Two-Way Interconnection
 Trunks are used, Excel 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 Excel network. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 2.2.5

 	
 Except as
 otherwise agreed in writing by the Parties, the total number of Tandem
 Interconnection Trunks between Excel’s network and a Verizon Tandem will be
 limited to a maximum of 240 trunks. In the event that the volume of traffic
 between Excel’s network and a Verizon Tandem exceeds, or reasonably can be
 expected to exceed, the capacity of the 240 trunks, Excel shall promptly
 submit an ASR to Verizon to establish new or additional End Office Trunks to
 insure that the volume of traffic between Excel’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 Excel to Verizon, Excel, at Excel’s own expense, shall: 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 2.3.1.1

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 2.3.1.2

 	
 obtain transport
 for delivery of the traffic to the Excel Collocation arrangement at the
 Verizon-IP or to the third-party Collocation arrangement used by Excel 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 Excel from Verizon pursuant to Sections
 2.1.3.3 and 2.1.4, and also order multiplexing and transport from Verizon
 pursuant to Sections 2.1.3.3 and 2.1.4. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 2.3.1.3.1

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

 


52









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 unless the Parties
 agree otherwise, Excel 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 Excel, 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 Excel-IP or to the third-party
 Collocation arrangement used by Verizon at the Excel-IP; or 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 2.3.2.2

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 2.3.2.3

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 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 Excel, Excel 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, Excel 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. 

 


53









	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 2.4.4

 	
 On a semi-annual
 basis, Excel shall submit a good faith forecast to Verizon of the number of
 End Office and Tandem Two-Way Interconnection Trunks that Excel anticipates
 Verizon will need to provide during the ensuing two (2) year period to carry
 traffic from Excel to Verizon and from Verizon to Excel. Excel’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-Wilkenson B.005 during the average
 time consistent busy hour. Two-Way Interconnection Trunk groups that connect
 to a Verizon local Tandem shall be engineered using a design blocking
 objective of Neal-Wilkenson B.01 during the average time consistent busy
 hour. Verizon and Excel 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

 	
 Excel 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. Excel 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. Excel 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 Excel has not notified Verizon that
 it has corrected such blocking, Verizon may submit to Excel a Trunk Group
 Service Request directing Excel to remedy the blocking. Upon receipt of a
 Trunk Group Service Request, Excel will complete an ASR to augment the
 Two-Way Interconnection Trunk Group with excessive blocking and submit the
 ASR to Verizon within five (5) Business Days.

 


54









	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 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. Excel 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, Excel 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 Excel fails to submit an ASR for
 Two-Way Interconnection Trunks in conformance with this section, Verizon may
 bill Excel 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 Excel’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

 	
 Excel 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 Excel to a Verizon End Office will first
 be routed to the End Office Interconnection Trunk group between Excel 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. Excel will pay a percentage
 of Verizon’s monthly recurring charges for each facility on which the Two-Way
 Interconnection Trunks ride equal to Excel’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 Excel’s side of Excel’s-IP,
 which charges shall be solely the financial responsibility 

 


55









	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 Notwithstanding
 the foregoing provisions of this Section 2.4.16, if Excel fails to provide
 Excel-IPs in accordance with this Agreement, Excel will be responsible for
 one hundred percent (100%) of all recurring and non-recurring charges
 associated with Two-Way Interconnection Trunk groups until Excel establishes
 such Excel-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 Excel 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 Excel
 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, Excel shall provide written notice to Verizon of the need to
 establish Interconnection in such LATA pursuant to this Agreement. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 4.2

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 4.3

 	
 The
 interconnection activation date in the new LATA shall be mutually agreed to
 by the Parties after receipt by Verizon of all necessary information as
 indicated 

 


56










	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 above. Within ten
 (10) Business Days of Verizon’s receipt of Excel’s notice provided for in
 Section 4.1, Verizon and Excel shall confirm the Verizon-IP(s), the
 Excel-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 Excel 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 Excel 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 Excel 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 Excel, the subtending arrangements between Excel Tandem Switches and Excel
 End Office Switches shall be the same as the Tandem/End Office subtending
 arrangements that Excel maintains for the routing of its own or other
 carriers’ traffic.

 


57









	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 5.4

 	
 Signaling.

 
	
  

 	
  

 	
  

 
	
  

 	
  

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

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 5.5

 	
 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.

 
	
  

 	
  

 	
  

 	
  

 
	
 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., 800/888/877) calls shall be
 in accordance with applicable Tariffs. Determinations 

 


58









	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 as to whether
 traffic is Reciprocal Compensation Traffic or Measured Internet Traffic shall
 be made in accordance with Section 7.3.2.1 below.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 6.3

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

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 6.4

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

 
	
  

 	
  

 	
  

 	
  

 
	
 7.

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

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 7.1

 	
 Reciprocal
 Compensation Traffic Interconnection Points. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 7.1.1

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 7.1.1.1

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 7.1.1.2

 	
 At any time that
 Excel establishes a Collocation site at a Verizon End Office Wire Center in a
 LATA in which Excel is interconnected or requesting interconnection with
 Verizon, either Party may request in writing that such Excel Collocation site
 be established as the Excel-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

 


59









	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 Excel-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) Excel 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 Excel or a third party), from the
 originating Verizon End Office to the receiving Excel-IP.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 7.1.1.3

 	
 In any LATA where
 the Parties are already interconnected prior to the effective date of this
 Agreement, Excel may maintain existing CLEC-IPs, except that Verizon may
 request in writing to transition such Excel-IPs to the Excel-IPs described in
 subsections 7.1.1.1 and 7.1.1.2, above. Upon such request, the Parties shall
 negotiate mutually satisfactory arrangements for the transition to CLEC-IPs
 that conform to subsections 7.1.1.1 and 7.1.1.2 above. If the Parties have
 not reached agreement on such arrangements within thirty (30) days, (a)
 either Party may pursue available dispute resolution mechanisms; and, (b)
 Excel 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 Excel or a third party), from
 Verizon’s originating End Office to the Excel 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 Excel 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 Excel to the Verizon terminating End Office
 serving the Verizon Customer, the Verizon-IP will be Verizon End Office
 switch. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 7.1.3

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

 


60









	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 7.3.2.1

 	
 The determination
 of whether traffic is Reciprocal Compensation Traffic or Internet Traffic
 shall be performed in accordance with Paragraphs 8 and 79, and other
 applicable provisions, of the FCC Internet Order (including, but not limited
 to, in accordance with the rebuttable presumption established by the FCC
 Internet Order that traffic delivered to a carrier that exceeds a 3:1 ratio
 of terminating to originating traffic is Internet Traffic, and in accordance
 with the process established by the FCC Internet Order for rebutting such
 presumption before the Commission). 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 7.3.3

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 7.3.4

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 7.3.5

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 7.3.6

 	
 Reciprocal
 Compensation shall not apply to Tandem Transit Traffic. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 7.3.7

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 7.4

 	
 The Reciprocal
 Compensation rates (including, but not limited to, the Reciprocal
 Compensation per minute of use charges) billed by Excel 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 Excel. 

 


61









	
  

 	
  

 	
  

 	
  

 	
  

 
	
 8.

 	
 Other
 Types of Traffic 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 8.1

 	
 Notwithstanding
 any other provision of this Agreement or any Tariff: (a) the Parties’ rights
 and obligations with respect to any intercarrier compensation that may be due
 in connection with their exchange of Internet Traffic shall be governed by
 the terms of the FCC Internet Order and other applicable FCC orders and FCC
 Regulations; and, (b) a Party shall not be obligated to pay any intercarrier
 compensation for Internet Traffic that is in excess of the intercarrier
 compensation for Internet Traffic that such Party is required to pay under
 the FCC Internet Order and other applicable FCC orders and FCC Regulations. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 8.2

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 8.3

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 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 above. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.5.2

 	
 Except as
 otherwise set forth in the applicable Tariff of a Party (“Receiving Party”)
 that receives Toll Traffic from the other Party, the IP of the Receiving
 Party for Toll Traffic delivered to the Receiving Party by the other Party shall
 be the same as the IP of the Receiving Party for Reciprocal Compensation
 Traffic under Section 7.1 above. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.5.3

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 9.

 	
 Transmission
 and Routing of Exchange Access Traffic 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 9.1

 	
 Scope of Traffic. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Section 9
 prescribes parameters for certain trunks to be established over the
 Interconnections specified in Sections 2 through 5 of this Attachment for the
 transmission and routing of traffic between Excel Telephone Exchange Service
 Customers and Interexchange Carriers (“Access Toll Connecting Trunks”), in
 any case where Excel elects to have its End Office Switch subtend a Verizon
 Tandem. This includes casually-dialed (1010XXX and 101XXXX) traffic.

 


62









	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 9.2

 	
 Access Toll
 Connecting Trunk Group Architecture.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 9.2.1

 	
 If Excel chooses
 to subtend a Verizon access Tandem, Excel’s NPA/NXX must be assigned by Excel
 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

 	
 Excel 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 Excel’s Customers. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 9.2.3

 	
 The Access Toll
 Connecting Trunks shall be two-way trunks. Such trunks shall connect the End
 Office Excel 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 Excel’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

 	
 Excel 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 Excel 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

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

 


63









	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 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 Excel Routing Point/Verizon Serving Wire Center combination, the MPB
 billing percentages for transport between the Excel Routing Point and the
 Verizon Serving Wire Center shall be calculated in accordance with the
 formula set forth in Section 10.17. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 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 Excel 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

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 10.10

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 To Excel: 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Mary Jeffers 

 
	
  

 	
  

 	
 Carrier Access
 Billing

 
	
  

 	
  

 	
 1600 Viceroy

 
	
  

 	
  

 	
 Dallas, Texas
 75235 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 For Verizon
 (Former BA service area): 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 New York State Access
 Pool

 
	
  

 	
  

 	
 C/O ACM, Inc.

 
	
  

 	
  

 	
 120 Erie Blvd.

 
	
  

 	
  

 	
 Schenectady, N.Y.
 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

 	
 Excel and Verizon
 shall coordinate and exchange the billing account reference (BAR) and billing
 account cross reference (BACR) numbers or Operating Company Number (“OCN”),
 as appropriate, for the MPB arrangements described in this Section 10. Each
 Party shall notify the other if the level of billing or other BAR/BACR
 elements change, resulting in a new BAR/BACR number, or if the OCN changes. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 10.12

 	
 Each Party agrees
 to provide the other Party with notification of any errors it discovers in
 MPB data within thirty (30) calendar days of the receipt of the original
 data. The other Party shall attempt to correct the error and resubmit the 

 


64









	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 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 Excel
 determines to offer Telephone Exchange Services in a LATA in which Verizon
 operates an access Tandem Switch, Verizon shall permit and enable Excel to
 subtend the Verizon access Tandem Switch(es) designated for the Verizon End
 Offices in the area where there are located Excel 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)          =          Excel
 Billing Percentage

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
                                      and

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 b / (a +
 b)          =          Verizon
 Billing Percentage

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 where:

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 a          =          the
 airline mileage between Excel 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

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

 


65









	
  

 	
  

 	
  

 	
  

 	
  

 
	
 11.

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 The following
 terms shall apply when either Party delivers toll free service access code
 (e.g., 800/877/888)(“8YY”) calls to the other Party. For the purposes of this
 Section 11, the terms “translated” and “untranslated” refers to those toll
 free service access code calls that have been queried (“translated”) or have
 not been queried (“untranslated”) to an 8YY database. Except as otherwise
 agreed to by the Parties, all Excel originating “untranslated” 8YY traffic
 will be routed over a separate one-way trunk group. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 11.1

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 11.1.1

 	
 to an IXC, Excel
 shall: 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 11.1.1.1

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 11.1.1.2

 	
 bill the IXC the
 Excel 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, Excel 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 Excel’s Tariffed Feature Group
 D (“FGD”) Switched Exchange Access or Reciprocal Compensation charges, as
 applicable, and the Excel query charge; and 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 11.1.2.3

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 11.2.1.1

 	
 bill Excel 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 Excel; and 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 11.2.1.3

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 11.3

 	
 When Excel:
 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 Excel 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. 

 


66









	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 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 Excel; 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 Excel. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 12.

 	
 Tandem
 Transit Traffic 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 12.1

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

 	
 Excel 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
 Excel 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 Excel. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 12.5

 	
 Excel shall pay
 Verizon for Transit Service that Excel 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. 

 


67









	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 12.7

 	
 If or when a third
 party carrier’s Central Office subtends a Excel Central Office, then Excel
 shall offer to Verizon a service arrangement equivalent to or the same as
 Tandem Transit Service provided by Verizon to Excel 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 Excel Central Office
 (“Reciprocal Tandem Transit Service”). Excel 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, Excel shall adopt the Rate Center
 Area and Rate Center Points that the Commission has approved for Verizon
 within the LATA and Tandem serving area. Excel 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

 	
 Excel will also
 designate a Routing Point for each assigned NXX code. Excel shall designate
 one location for each Rate Center Area in which the Excel 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 Excel will be routed in the
 same manner as calls to Excel’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 Excel’s choices regarding the size of the local calling area(s)
 that Excel may establish for its Customers, which local calling areas may be
 larger than, smaller than, or identical to Verizon’s local calling areas. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 14.

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 14.1

 	
 Joint Network
 Implementation and Grooming Process. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

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

 


68









	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

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

 


69









	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

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

 


70









	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 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 

 


71









	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 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, 

 


72









	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 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,
 below.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 15.4.5

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 15.4.6

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 15.4.7

 	
 When, through no
 fault of Verizon’s, all INP 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 Excel at the tariff
 rate(s) for the subject jurisdiction. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 15.5

 	
 Procedures for LNP
 Request. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 15.5.1

 	
 If Party B desires
 to have LNP capability deployed in an End Office of Party A, which is not
 currently capable, Party B shall issue a 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. 

 


73





RESALE ATTACHMENT


	
  

 	
  

 	
  

 	
  

 	
  

 
	
 1.

 	
 General
 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 2.2

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 2.2.6

 	
 Verizon may
 perform audits to confirm Excel’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. 

 


74









	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 2.3

 	
 Excel 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

 	
 Excel 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
 Excel Customers. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 3.

 	
 Availability
 of Verizon Telecommunications Services 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 3.1

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 3.2

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 3.3

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 4.

 	
 Responsibility
 for Charges 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

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

 


75









	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 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 Excel or Excel
 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 Excel, 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 Excel
 to use Verizon’s Marks. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 5.2.2

 	
 To the extent required
 by Applicable Law, upon request by Excel and at prices, terms and conditions
 to be negotiated by Excel and Verizon, Verizon shall provide Verizon
 Telecommunications Services for resale that are identified by Excel’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, Excel will be responsible for entering into a
 direct contractual arrangement with the third-party contractor at Excel’s
 expense (a) to obtain identification of Verizon Operator Services or Verizon
 Directory Assistance Services purchased by Excel for resale with Excel’s
 trade name, or (b) to obtain removal of Verizon Marks from Verizon Operator
 Services or Verizon Directory Assistance Services purchased by Excel for
 resale. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 6.

 	
 Rates
 and Charges 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

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

 


76





NETWORK ELEMENTS ATTACHMENT


	
  

 	
  

 	
  

 	
  

 	
  

 
	
 1.

 	
 General
 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 1.1

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 1.2

 	
 Except as
 otherwise required by Applicable Law: (a) Verizon shall be obligated to
 provide a UNE or Combination pursuant to this Agreement only to the extent
 such UNE or Combination, and the equipment and facilities necessary to
 provide such UNE or Combination, are available in Verizon’s network; (b)
 Verizon shall have no obligation to construct or deploy new facilities or
 equipment to offer any UNE or Combination; and, (c) Verizon shall not be
 obligated to combine Network Elements that are not already combined in
 Verizon’s network. Consistent with the foregoing, should Excel engage in a
 pattern of behavior that suggests that Excel either (i) knowingly induces
 Verizon Customers to order Telecommunications Services from Verizon with the
 primary intention of enabling Excel 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 Excel then
 converts to UNEs or Combinations, then Verizon will provide written notice to
 Excel that its actions suggest that Excel is engaged in a pattern of bad
 faith conduct. If Excel 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
 Excel, to institute an embargo on provision of new services and facilities to
 Excel. This embargo shall remain in effect until Excel provides Verizon with
 adequate assurances that the bad faith conduct shall cease. Should Excel
 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

 	
 Excel 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 Excel. Without limiting
 the foregoing, Excel 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 Excel in order to allow Excel 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 Excel a UNE
 or Combination that is not offered under this 

 


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 Agreement to Excel
 as of the Effective Date, the terms, conditions and prices for such UNE or
 Combination (including, but not limited to, the terms and conditions defining
 the UNE or Combination and stating when and where the UNE or Combination will
 be available and how it will be used, and terms, conditions and prices for
 pre-ordering, ordering, provisioning, repair, maintenance and billing) shall
 be as provided in an applicable 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 Excel, and Excel 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 Excel, 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 Excel. If Verizon terminates its provision of a UNE or a
 Combination to Excel pursuant to this Section 1.5 and Excel elects to
 purchase other services offered by Verizon in place of such UNE or
 Combination, then: (a) Verizon shall reasonably cooperate with Excel to coordinate
 the termination of such UNE or Combination and the installation of such
 services to minimize the interruption of service to Customers of Excel; and,
 (b) Excel 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 Excel on an unbundled basis or in combination
 with other Network Elements. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 1.7

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 1.8

 	
 If as the result
 of Excel Customer actions (i.e., Customer Not Ready (“CNR”)), Verizon cannot
 complete requested work activity when a technician has been dispatched to the
 Excel Customer premises, Excel 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, in accordance with, but only to the extent
 required by, Applicable Law, Verizon shall provide Excel access to the
 following: 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 2.1

 	
 Loops, as set
 forth in Section 3; 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 2.2

 	
 Line Sharing, as
 set forth in Section 4;

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 2.3

 	
 Line Splitting, as
 set forth in Section 5;

 


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 2.4

 	
 Sub-Loops, as set
 forth in Section 6; 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 2.5

 	
 Inside Wire, as
 set forth in Section 7; 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 2.6

 	
 Dark Fiber, as set
 forth in Section 8; 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 2.7

 	
 Network Interface
 Device, as set forth in Section 9; 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 2.8

 	
 Switching
 Elements, as set forth in Section 10; 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 2.9

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 2.10

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 2.11

 	
 Operations
 Support Systems, as set forth in Section 13; and 2.12 Other UNEs in
 accordance with Section 14. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 3.

 	
 Loop
 Transmission Types 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 Subject to the
 conditions set forth in Section 1, Verizon shall allow Excel 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 Excel access to Loops in accordance with, but only to
 extent required by, Applicable Law. The available Loop types are as set forth
 below: 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 3.1

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 3.2

 	
 “4-Wire Analog
 Voice Grade Loop” or “Analog 4W” provides an effective 4-wire channel with
 4-wire interfaces at each end that is suitable for the transport of analog
 Voice Grade (nominal 300 to 3000 Hz) signals. This Loop type will operate
 with one of the following signaling types that may be specified when the 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. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 3.3

 	
 “2-Wire ISDN
 Digital Grade Loop” or “BRI ISDN” provides a channel with 2-wire interfaces
 at each end that is suitable for the transport of 160 kbps digital services
 using the ISDN 2B1Q line code. This Loop type is more fully described in 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. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 3.4

 	
 “2-Wire
 ADSL-Compatible Loop” or “ADSL 2W” provides a channel with 2-wire interfaces
 at each end that is suitable for the transport of digital signals up to 8
 Mbps toward the Customer and up to 1 Mbps from the Customer. 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
 copper 

 


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 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.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 3.5

 	
 “2-Wire
 HDSL-Compatible Loop” or “HDSL 2W” consists of a single 2-wire non-loaded,
 twisted copper pair that meets the carrier serving area design criteria. 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 local loops will be provided only where existing
 facilities are available and can meet applicable specifications. Verizon will
 not build new copper facilities. The 2-wire HDSL-compatible loop is available
 only in Bell Atlantic Service Areas. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 3.6

 	
 “4-Wire
 HDSL-Compatible Loop” or “HDSL 4W” consists of two 2-wire non-loaded, twisted
 copper pairs that meet the carrier serving area design criteria. 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 local loops will be provided only where existing
 facilities are available and can meet applicable specifications. Verizon will
 not build new copper facilities. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 3.7

 	
 “4-Wire
 DS1-compatible Loop” provides a channel with 4-wire interfaces at each end.
 Each 4-wire channel is suitable for the transport of 1.544 Mbps digital
 signals simultaneously in both directions using PCM line code. 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. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 3.8

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 3.9

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 3.10

 	
 “4-Wire 56 kbps
 Loop” is a 4-wire Loop that provides a transmission path that is suitable for
 the transport of digital data at a synchronous rate of 56 kbps in opposite
 directions on such Loop simultaneously. A 4-Wire 56 kbps Loop 

 


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 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 Excel in
 accordance with, and subject to, the technical specifications set forth in
 Verizon Technical Reference TR72575, Issue 2, as revised from time-to-time.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 3.11

 	
 “DS-3 Loops” will
 support the transmission of isochronous bipolar serial data at a rate of
 44.736 Mbps or the equivalent of 28 DS-1 channels. 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 install new electronics. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 3.12

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.12.1

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.12.2

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.12.3

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.12.4

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.12.5

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.12.6

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.12.7

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.12.8

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 3.13

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 3.14

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.14.1

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.14.2

 	
 Verizon is
 conducting a mechanized survey of existing Loop facilities, on a Central
 Office by Central Office basis, to identify those Loops that meet the
 applicable technical characteristics established by Verizon for compatibility
 with ADSL, HDSL, IDSL, SDSL and BRI ISDN signals. The results of this survey
 will be stored in a mechanized database and 

 


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 made available to
 Excel as the process is completed in each Central Office. Excel must utilize
 this mechanized loop qualification database, where available, in advance of
 submitting a valid electronic transmittal service order for an ADSL, HDSL,
 IDSL, SDSL or BRI ISDN Loop. Charges for mechanized loop qualification
 information are set forth in the Pricing Attachment.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.14.3

 	
 If the Loop is not
 listed in the mechanized database described in Section 3.14.2, Excel must
 request a manual loop qualification prior to submitting a valid electronic
 service order for an ADSL, HDSL, SDSL, IDSL, or BRI ISDN Loop. The rates for
 manual loop qualification are set forth in the Pricing Attachment. In
 general, Verizon will complete a manual loop qualification request within
 three Business Days, although Verizon may require additional time due to poor
 record conditions, spikes in demand, or other unforeseen events. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.14.4

 	
 If a query to the
 mechanized loop qualification database or manual loop qualification indicates
 that a Loop does not qualify (e.g., because it does not meet the applicable
 technical parameters set forth in the Loop descriptions above), Excel may
 request an Engineering Query, as described in Section 3.14.6, to determine
 whether the result is due to characteristics of the loop itself (e.g.,
 specific number and location of bridged taps, the specific number of load
 coils, or the gauge of the cable). 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.14.5

 	
 If Excel submits a
 service order for an ADSL, HDSL, SDSL, IDSL, or BRI ISDN Loop that has not
 been prequalified, Verizon will query the service order back to Excel for
 qualification and will not accept such service order until the Loop has been
 prequalified on a mechanized or manual basis. If Excel submits a service
 order for an ADSL, HDSL, SDSL, IDSL, or BRI ISDN Loop that is, in fact, not
 compatible with such services in its existing condition, Verizon will respond
 back to Excel 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). 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.14.6

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 3.15

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.15.1

 	
 Three (3) Business
 Days will be required following receipt of Excel’s valid, accurate and
 pre-qualified service order for a Digital Designed 

 


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 Loop to analyze
 the loop and related plant records and to create an Engineering Work Order.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.15.2

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 3.16

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 3.17

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.17.1

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.17.1.1

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.17.1.2

 	
 Excel 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 Excel 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, Excel and Verizon shall
 mutually agree on a New Conversion Time, as defined below. Excel shall
 designate the Scheduled Conversion Time subject to Verizon standard
 provisioning intervals as stated in the Verizon CLEC Handbook, as may be
 revised from time to time. Within three (3) Business Days of Verizon’s
 receipt of such valid LSR, or as otherwise required by Applicable Law,
 Verizon shall provide Excel the scheduled due date for conversion of the
 Analog 2W Loops covered by such LSR. 

 


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 3.17.1.3

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.17.1.4

 	
 Either Party may
 contact the other Party to negotiate a new Scheduled Conversion Time (the
 “New Conversion Time”); provided, however, that each Party shall use
 commercially reasonable efforts to provide four (4) business hours’ advance
 notice to the other Party of its request for a New Conversion Time. Any
 Scheduled Conversion Time or New Conversion Time may not be rescheduled more
 than one (1) time in a 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. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.17.1.5

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 3.17.1.5.1

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 3.17.1.5.2

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.17.1.6

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.17.1.7

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.17.1.8

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

 


84









	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.17.1.9 

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 3.18

 	
 Verizon shall
 provide Excel access to its Loops at each of Verizon’s Wire Centers for Loops
 terminating in that Wire Center. In addition, if Excel 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 Excel. If, however, no spare physical
 Loop is available, Verizon shall within three (3) Business Days of Excel’s
 request notify Excel of the lack of available facilities. Excel may then at
 its discretion make a Network Element Bona Fide Request pursuant to Section
 14.3 to Verizon to provide the unbundled Local Loop through the
 demultiplexing of the integrated digitized Loop(s). Excel may also make a
 Network Element Bona Fide Request pursuant to Section 14.3 for access to
 Unbundled Local Loops at the Loop concentration site point. Notwithstanding
 anything to the contrary in this Agreement, standard provisioning intervals
 shall not apply to Loops provided under this Section 3.18. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 4.

 	
 Line
 Sharing 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 4.1

 	
 “Line Sharing” is
 an arrangement by which Verizon facilitates Excel’s provision of ADSL (in
 accordance with T1.413), Splitterless ADSL (in accordance with T1.419), RADSL
 (in accordance with TR # 59), Multiple Virtual Line (MVL) (a proprietary
 technology), or any other xDSL technology that is presumed to be acceptable
 for shared line deployment in accordance with FCC rules, to a particular
 Customer location over an existing copper Loop that is being used
 simultaneously by Verizon to provide analog circuit-switched voice grade
 service to that Customer by making available to Excel, solely for Excel’s own
 use, the frequency range above the voice band on the same copper Loop
 required by Excel to provide such services. This Section 4 addresses line
 sharing over loops that are entirely copper loops. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 4.2

 	
 Subject to the
 conditions set forth in Section 1, Verizon shall provide Line Sharing to
 Excel for Excel’s provision of ADSL (in accordance with T1.413), Splitterless
 ADSL (in accordance with T1.419), RADSL (in accordance with TR # 59), MVL (a
 proprietary technology), or any other xDSL technology that is presumed to be
 acceptable for shared line deployment in accordance with FCC rules, in
 accordance with this Section 4 and the rates and charges provided in the
 Pricing Attachment. Verizon shall provide Line Sharing to Excel 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 rules; (ii)
 Verizon must be providing simultaneous circuit-switched analog voice grade
 service to the Customer served by the Loop in question; (iii) the Verizon
 Customer’s dial tone must originate from a Verizon End Office Switch in the
 Wire Center where the Line Sharing arrangement is being requested; and (iv)
 the xDSL technology to be deployed by Excel on that Loop must not
 significantly degrade the performance of other services provided on that
 Loop. 

 


85









	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 4.3

 	
 Verizon shall make
 Line Sharing available to Excel 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 rules); (ii) engineering query charges, engineering
 work order charges, or Loop conditioning (Digital Designed Loop) charges;
 (iii) charges associated with Collocation activities requested by Excel; 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. Excel must utilize the
 Loop qualification processes described in the terms applicable to xDSL and
 Digital Designed Loops to make this determination. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 4.4.2

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 4.4.4

 	
 If the Loop
 requires qualification manually or through an Engineering Query, three (3)
 additional Business Days will generally be required to obtain Loop
 qualification results before an order confirmation can be returned following
 receipt of Excel’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 Excel orders
 such conditioning, then Verizon shall provide such conditioning in accordance
 with the terms of this Agreement pertaining to Digital Designed Loops; or if
 this Agreement does not contain provisions pertaining to Digital Designed
 Loops, then in accordance with Verizon’s generally available rates, terms and
 conditions applicable to Digital Design 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. 

 


86









	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 4.4.6

 	
 The standard Loop
 provisioning and installation process will be initiated for the Line Sharing
 arrangement only once the requested engineering and conditioning tasks have
 been completed on the Loop. Scheduling changes and charges associated with
 order cancellations after conditioning work has been initiated are addressed
 in the terms pertaining to Digital Designed Loops, as referenced in Section
 4.4.5, above. 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. The standard provisioning interval for the Line
 Sharing arrangement shall commence only once any requested engineering and
 conditioning tasks have been completed. Line Sharing arrangements that
 require pair swaps or line and station transfers in order to free-up
 facilities may have a provisioning interval that is longer than the standard
 provisioning interval for the Line Sharing arrangement. In no event shall the
 Line Sharing interval offered to Excel be longer than the interval offered to
 any similarly situated Affiliate of Verizon. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 4.4.7

 	
 Excel 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. Excel will provide reasonable,
 timely, and accurate forecasts of its Line Sharing requirements, including
 splitter placement elections and ordering preferences. These forecasts are in
 addition to projections provided for other stand-alone unbundled Loop types. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 4.5

 	
 To the extent
 required by Applicable Law, Excel 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, Excel
 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 Excel
 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. Excel’s
 deployment of additional Advanced Services shall be subject to the applicable
 FCC Rules. 

 


87








	
  

 	
  

 	
  

 	
  

 
	
  

 	
 4.7

 	
 Excel 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. Excel 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.
 Excel 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 Excel and must satisfy the same NEBS requirements that Verizon
 imposes on its own splitter equipment or the splitter equipment of any
 Verizon Affiliate. Excel 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 Excel submits an order for
 Line Sharing.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

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

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

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

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

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

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 In this
 configuration, Verizon inventories and maintains a Excel-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
 Excel’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 Excel’s election, by a Verizon-approved vendor designated by Excel.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

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

 


88









	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 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 Excel 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. Excel 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 Excel’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. Excel 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

 	
 Excel 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 Excel
 Collocation arrangement with Verizon’s network, the following options shall
 be available to Excel.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 4.8.1.1

 	
 Under Splitter
 Option A, Excel may conduct its own physical tests of the shared Loop from
 Excel’s collocation area. If it chooses to do so, Excel may supply and
 install a test head to facilitate such physical tests, provided that: (a) the
 test head satisfies the same NEBS requirements that Verizon imposes on its
 own test head equipment or the test head equipment of any Verizon Affiliate;
 and (b) the test head does not interrupt the voice circuit to any greater
 degree than a conventional MLT test. Specifically, the Excel-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 Excel-provided test head will be installed in Excel’s
 Collocaton 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 Excel, either Verizon or, at Excel’s election, a
 Verizon-approved vendor selected by Excel will install a Excel-provided test
 head to enable Excel to conduct remote physical tests of the shared Loop.
 This optional Excel-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 Excel-provided test head
 must satisfy the same NEBS requirements that Verizon

 


89









	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 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 Excel-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 Excel-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 Excel during normal trouble
 isolation procedures in accordance with reasonable procedures.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 4.8.1.4

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 4.8.2

 	
 In those serving
 End Offices where Verizon has not employed a POT Bay for interconnection of
 Excel’s Collocation arrangement with Verizon’s network, Excel will not be
 permitted to supply its own test head. Instead, Verizon will make a testing
 system available to Excel 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 Excel has attempted to use one or more of the foregoing
 testing options but is still unable to resolve the error or trouble on the
 shared Loop, Verizon and Excel 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 Excel should reasonably
 have been able to isolate and diagnose through one of the testing options
 available to Excel above. The Parties will mutually agree upon the specific
 procedures for conducting joint meet tests.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 4.8.4

 	
 Verizon and Excel
 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 premise and the point of demarcation in
 the Central Office. Excel 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 Excel has
 provided to Verizon malfunctions, Excel 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 Excel will work together
 to address Customer initiated repair requests and to prevent adverse impacts
 to the Customer.

 


90









	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 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 Excel’s Advanced Services.
 Verizon will not repair any CPE provided by Excel. Before a trouble ticket is
 issued to Verizon, Excel shall validate whether the Customer is experiencing
 a trouble that arises from Excel’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 Excel’s equipment, splitter
 problems, or Excel’s activities, Verizon will:

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 4.8.6.1

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 4.8.6.3

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 4.8.6.4

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 4.8.6.5

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 4.8.6.6

 	
 Verizon shall not
 be liable to Excel, the Customer, or any other person, for damages of any
 kind for disruptions to Excel’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 Excel 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

 


91









	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 capable Loop
 terminated to a collocated splitter and DSLAM equipment provided by a
 participating CLEC, unbundled switching combined with shared transport,
 collocator-to-collocator connections, and available cross-connects, under the
 terms and conditions set forth in their Interconnection Agreement(s). The
 participating CLECs shall provide any splitters used in a Line Splitting
 configuration. CLECs seeking to migrate existing UNE platform configurations
 to a Line Splitting configuration using the same 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

 	
 Sub-Loop –
 Distribution (USLA).

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Subject to the
 conditions set forth in Section 1 and upon request by Excel, Verizon shall
 provide Excel with access to a Sub-Loop Distribution Facility (as such term
 is hereinafter defined) in accordance with, and subject to, the terms and
 provisions of this Section 6, the rates set forth in the Pricing Attachment,
 and the rates, terms and conditions set forth in Verizon’s applicable
 Tariffs. A “Distribution Sub-Loop” means a two-wire or four-wire metallic
 distribution facility in Verizon’s network between a Verizon feeder
 distribution interface (an FDI) and the rate demarcation point for such
 facility (or network interface device (NID) if the NID is located at such
 rate demarcation point). Verizon shall provide Excel with access to a
 Sub-Loop Distribution Facility in accordance with, but only to the extent
 required by, Applicable Law.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 6.1.1

 	
 Excel may request
 that Verizon reactivate (if available) an unused drop and NID or provide
 Excel with access to a drop and NID that, at the time of Excel’s request,
 Verizon is using to provide service to the Customer (as such term is
 hereinafter defined.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 6.1.2

 	
 Excel 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 Excel
 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 Excel at such terminal. To obtain access to a
 Sub-Loop Distribution Facility, Excel shall install a TOPIC on an easement or
 Right of Way obtained by Excel within 100 feet of the Verizon FDI to which
 such Distribution Sub-Loop 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 Excel 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
 Excel for any electronics in the TOPIC. Excel 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.

 


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 6.1.3

 	
 Excel may request
 from Verizon by submitting a loop make-up engineering query to Verizon, and
 Verizon shall provide to Excel, 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, Excel must first request that Verizon
 connect the Verizon FDI to which the Sub-Loop Distribution Facility is
 connected to a Excel TOPIC. To make such a request, Excel must submit to
 Verizon an application (a “Sub-Loop Distribution Facility Interconnection
 Application”) that identifies the FDI at which Excel 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 Excel’s demand for access to Sub-Loop
 Distribution Facilities at the requested FDI. Excel 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. Excel 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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 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 Excel 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

 	
 Excel 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 Excel’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 Excel breaches its payment obligation under this Section.
 Upon Verizon’s completion of the work that Verizon must perform to provide
 Excel with access to a Distribution Sub-Loop, Verizon shall bill Excel, and
 Excel shall pay to Verizon, the balance of the cost set forth in the

 


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 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 Excel TOPIC and
 Excel has paid the full cost of such installation, Excel can request the
 connection of Verizon Sub-Loop Distribution Facilities to the Excel TOPIC. At
 the same time, Excel shall advise Verizon of the services that Excel 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. Excel shall run any crosswires within the TOPIC. 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 6.1.8

 	
 If Excel requests
 that Verizon reactivate an unused drop and NID, then Excel shall provide dial
 tone (or its DSL equivalent) on the Excel 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 Excel dial tone or equivalent
 from the TOPIC. If Excel requests that Verizon provide Excel with access to a
 Sub-Loop Distribution Facility that, at the time of Excel’s request, Verizon
 is using to provide service to a Customer, then, after Excel 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, Excel shall disconnect Verizon’s
 dial tone, crosswire its dial tone to the Sub-Loop Distribution Facility and
 submit Excel’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 Customer first disconnects the service
 that utilizes derived channel technology. 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 6.1.10

 	
 Verizon shall provide
 Excel 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 Excel
 and subject to the time and material rates set forth in Pricing Attachment
 and the rates, terms and conditions of Verizon’s applicable Tariffs. Excel
 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) Excel reports to Verizon a
 Customer trouble, (b) Excel 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, Excel
 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
 Excel is not available at the appointed time. If as the result of Excel
 instructions, Verizon is erroneously requested to dispatch to a site on
 Verizon company premises (“dispatch in”), the charges set forth in Pricing
 Attachment 

 


94









	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 and Verizon’s
 applicable Tariffs will be assessed per occurrence to Excel by Verizon. If as
 the result of Excel 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 Excel by Verizon.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 6.2

 	
 Sub-Loop – Feeder
 (UFSE).

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 6.2.1

 	
 Subject to the
 conditions set forth in Section 1 of this agreement and upon request by
 Excel, Verizon shall provide Excel with access to a Feeder Sub-Loop (as such
 term is hereinafter defined) 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. A “Feeder Sub-Loop” means 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 feeder distribution interface (such an interface, an
 “FDI”) that subtends the end office. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 6.2.2

 	
 Excel may obtain
 access to a Feeder Sub-Loop only from a Excel collocation arrangement in the
 Verizon end office where such Feeder Sub-Loop originates and Verizon shall
 terminate a Feeder Sub-Loop in an RTEE that subtends such end office only if
 Excel has a collocation arrangement in such RTEE. Upon Excel’s request,
 Verizon will connect a Feeder Sub-Loop to a Excel collocation arrangement in
 the Verizon end office where the Feeder Sub-Loop originates and to either a
 Excel 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 Excel has established in accordance with, and subject to the terms
 and provisions of, an agreement between Verizon and Excel that governs the
 establishment of such TOPIC. Verizon shall connect a Feeder Sub-Loop to the
 point of termination bay of a Excel collocation arrangement in a Verizon
 Central Office or to a Excel TOPIC, by installing appropriate cross
 connections and Verizon shall be solely responsible for installing such cross
 connections. Excel may obtain access to a Feeder Sub-Loop between an end
 office and an 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

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 6.2.4

 	
 Verizon shall not
 be obligated to provide to Excel any multiplexing at an RTEE or at a TOPIC or
 to combine a Feeder Sub-Loop with a Distribution Sub-Loop. If Excel requests
 access to a Feeder Sub-Loop and a Distribution Sub-Loop that are already
 combined, such combination shall be deemed to be a loop and Verizon shall
 provide 

 


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 such loop to Excel
 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 Excel with access to a Feeder Sub-Loop in accordance with negotiated
 intervals. 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 6.2.6

 	
 Verizon shall
 repair and maintain a Feeder Sub-Loop at the request of Excel 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. Excel may not
 rearrange, disconnect, remove or attempt to repair or maintain any Verizon
 equipment or facilities without the prior written consent of Verizon. Excel
 accepts responsibility for initial trouble isolation for Feeder Sub-Loops and
 providing Verizon with appropriate dispatch information based on its test
 results. If (a) Excel reports to Verizon a trouble, (b) Excel requests a
 dispatch, (c) Verizon dispatches a technician, and (d) such trouble was not
 caused by Feeder Sub-Loop facilities or equipment in whole or in part, then
 Excel 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 Excel contact as designated by
 Excel is not available at the appointed time. If as the result of Excel
 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 Excel by Verizon. If as the result of Excel 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 Excel by
 Verizon. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 6.3

 	
 Collocation in
 Remote Terminals.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 To the extent
 required by Applicable Law, Verizon shall allow Excel 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.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 [This Section
 Intentionally Left Blank].

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 8.

 	
 Dark
 Fiber

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 8.1

 	
 Subject to the
 conditions set forth in Section 1 and upon request,, Verizon shall provide
 Excel with access to unbundled Dark Fiber Loops, Dark Fiber Sub-loops and
 Dark Fiber IOF (as such terms are hereinafter defined) 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.

 


96









	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.1.1

 	
 A “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 main termination point at a Customer premise, such as the fiber
 patch panel located within a Customer premise, and that has not been
 activated through connection to electronics that “light” it and render it
 capable of carrying Telecommunications Services. 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.1.2

 	
 A “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 main termination point
 located within a Customer premise, 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. 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.1.3

 	
 A “Dark Fiber IOF”
 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 a Excel Central
 Office, but, in either case, that has not been activated through connection
 to multiplexing, aggregation or other electronics that “light it” and thereby
 render it capable of carrying Telecommunications Services. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 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 Excel’s collocation arrangement located in
 that same Verizon Central Office and the other end terminates at the Customer
 premise. 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 Excel’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
 Excel’s collocation arrangement or adjacent structure, or (2) one end of the
 Dark Fiber Sub-Loop terminates at Verizon’s main termination point located
 within the Customer premise and the other end terminates at Verizon’s
 Accessible Terminal at a Verizon remote terminal equipment enclosure that can
 be cross-connected to Excel’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 Excel’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 Excel’s
 collocation arrangement or adjacent structure. A

 


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 Excel demarcation
 point at a Customer premise shall be established in the main telco room of
 the Customer premise 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 Excel demarcation point at
 a Customer premise 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 Excel demarcation point by installing a fiber jumper no
 greater than 30 feet in length

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.2.2

 	
 Excel 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 Excel 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 Excel unless such Dark Fiber Loops,
 Dark Fiber Sub-Loops or Dark Fiber IOF already are terminated on a 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 Excel’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 Excel. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 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 Excel collocation arrangement or (2)
 from a Verizon Accessible Terminal to Excel’s demarcation point at a Customer
 premise or Excel 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
 Excel’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

 	
 Excel 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 premise must be accomplished via a collocation arrangement in that
 premise. In circumstances where 

 


98









	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 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 Excel in the
 condition that it is available in Verizon’s network at the time that Excel
 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 Excel’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-Loops or Dark Fiber IOF, and, therefore,
 will not be offered to Excel 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 Excel as Dark Fiber Loops, Dark Fiber Sub-Loops or Dark
 Fiber IOF. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.2.11

 	
 Excel 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

 	
 Excel 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 Excel for use for Special or
 Switched Exchange Access Services, Excel 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 Excel 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 Excel upon a showing
 of need to the Commission and twelve (12) months’ advance written notice to
 Excel; and 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 8.2.14.2

 	
 Revoke Dark Fiber
 Loops, Dark Fiber Sub-Loops or Dark Fiber IOF leased to Excel upon a showing
 to the Commission that Excel 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 Excel 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 Excel, or impair Verizon’s ability to meet a
 legal obligation. 

 


99









	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.2.15

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.2.16

 	
 Excel 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 Excel; (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 point in a building where a Customer is located; and (e) Excel’s
 collocation arrangements with any proper optical cross connects or other
 equipment that Excel needs to access Dark Fiber Loop, Dark Fiber Sub-Loop or
 Dark Fiber IOF before it submits an order for such access. Excel 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 Excel places an order for the applicable dark fiber, and that it shall
 maintain the same going forward. 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 8.2.17

 	
 Excel 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

 	
 Excel 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 Excel. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 9.

 	
 Network
 Interface Device

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 9.1

 	
 Subject to the
 conditions set forth in Section 1, at Excel’s request, Verizon shall permit
 Excel to connect a Excel Loop to the Inside Wiring of a Customer 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 Excel with
 access to NIDs in accordance with, but only to the extent required by,
 Applicable Law. Excel 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 Excel NID deployed by Excel or, if an entrance module is
 available in the Verizon NID, by connecting a Excel 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
 Excel 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
 Excel 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. 

 


100









	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 9.4

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 9.5

 	
 In no case shall
 Excel 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). 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 9.7

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 9.8

 	
 Due to the wide
 variety of NIDs utilized by Verizon (based on Customer size and environmental
 considerations), Excel 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, Excel
 may remove the Inside Wiring from the Customer’s side of the Verizon NID and
 connect that Inside Wiring to Excel’s NID. 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 9.8.2

 	
 Where an adequate
 length of Inside Wiring is not present or environmental conditions do not
 permit, Excel 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

 	
 Excel 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. Excel, its agent, the building owner or the Customer).
 If Excel 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. Excel, its agent, the building owner or the Customer). 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 10.

 	
 Unbundled
 Switching Elements

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 10.1

 	
 Subject to the
 conditions set forth in Section 1, Verizon shall make available to Excel 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 Excel with access to the Local Switching Element and
 the Tandem Switching Element in accordance with, but only to the extent
 required by, Applicable Law. 

 



101









	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 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 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

 	
 Excel 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. Excel may submit a Bona Fide Request in accordance with
 Section 14.3 for other switch features and functions that the switch is
 capable of providing, but which Verizon does not currently provide, or for
 customized routing of traffic other than operator services and/or directory
 assistance traffic. Verizon shall develop and provide these requested
 services where technically feasible with the agreement of Excel 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), Excel shall complete the NDR process. As part
 of the NDR process, Excel shall request standardized or customized routing of
 its Customer traffic in conjunction with the provision of unbundled Local
 Switching.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 If Excel selects
 customized routing, Excel 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, where facilities are available, at Excel’s
 request, Verizon shall provide Excel with 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 Excel
 also purchases unbundled Local Switching capability from Verizon in
 accordance with Section 10 of this Attachment. Verizon shall provide Excel
 with such IOF in accordance with, but only to the extent required by,
 Applicable Law.

 


102









	
  

 	
  

 	
  

 	
  

 	
  

 
	
 12.

 	
 Signaling
 Networks and Call-Related Databases

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 12.1

 	
 Subject to the
 conditions set forth in Section 1, Verizon shall provide Excel 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 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

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

 
	
  

 	
  

 	
  

 
	
  

 	
 12.4

 	
 Regardless of the
 manner in which Excel obtains CCS Interconnection, Excel 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
 

 


103










	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 limited to, the
 risk that interconnection of Excel signaling systems to the public Internet
 Protocol network may expose Excel and Verizon signaling systems and
 information to interference by third parties. Excel 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. Excel shall take commercially reasonable efforts
 to protect its signaling systems and Verizon’s signaling systems from
 interference by unauthorized persons.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 12.9

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 12.10

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 12.10.1 

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

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 12.10.2

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 14.

 	
 Availability
 of Other Network Elements on an Unbundled Basis

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 14.1

 	
 Any request by
 Excel 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, below. Excel 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. 

 


104









	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 14.3

 	
 Network Element
 Bona Fide Request (BFR). 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 14.3.1

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

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 14.3.2

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

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 14.3.3

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

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 14.3.4

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

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 14.3.5

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

 


105









	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 If (a) Excel
 reports to Verizon a Customer trouble, (b) Excel 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 Excel 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 Excel is not available at the appointed time. Excel
 accepts responsibility for initial trouble isolation and providing Verizon
 with appropriate dispatch information based on its test results. If, as the
 result of Excel 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 Excel by Verizon. If as
 the result of Excel 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
 Excel by Verizon. Verizon agrees to respond to Excel 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, Verizon shall be obligated to provide a
 combination of Network Elements (a “Combination”) only to the extent
 provision of such Combination is required by Applicable Law. To the extent
 Verizon is required by Applicable Law to provide a Combination to Excel,
 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.

 


106





COLLOCATION ATTACHMENT


	
  

 	
  

 
	
 1.

 	
 Verizon’s
 Provision of Collocation 

 
	
  

 	
  

 
	
  

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

 	
 Excel’s
 Provision of Collocation 

 
	
  

 	
  

 
	
  

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

 


107





911 ATTACHMENT


	
  

 	
  

 	
  

 	
  

 
	
 1.

 	
 911/E-911
 Arrangements 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 1.1

 	
 Excel 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 Excel 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 Excel with the appropriate CLLI codes and
 specifications of the Tandem Office serving area. In areas where E-911 is not
 available, Excel and Verizon will negotiate arrangements to connect Excel 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 Excel-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 Excel, to include
 all required information and applicable forms, and to the extent authorized
 by the relevant federal, state, and local authorities, Verizon will provide
 Excel, 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 Excel is providing, or represents to
 Verizon that it intends to provide within sixty (60) days of Excel’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 Excel 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 Excel 911/E-911 data entry files containing errors, so that Excel may
 ensure the accuracy of the Customer records. 

 
	
  

 	
  

 	
  

 	
  

 
	
 2.

 	
 Electronic
 Interface 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 Excel shall use,
 where available, the appropriate Verizon electronic interface, through which
 Excel shall input and provide a daily update of 911/E-911 database
 information related to appropriate Excel Customers. In those areas where an
 electronic interface is not available, Excel 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 

 


108









	
  

 	
  

 	
  

 	
  

 
	
  

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

 
	
  

 	
  

 
	
 3.

 	
 911
 Interconnection 

 
	
  

 	
  

 
	
  

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

 
	
  

 	
  

 
	
 4.

 	
 911
 Facilities 

 
	
  

 	
  

 	
  

 	
  

 
	
  

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

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 5.1

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

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 Excel 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 

 
	
  

 	
  

 
	
  

 	
 Excel 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 Maryland. 

 


109





PRICING ATTACHMENT


	
  

 	
  

 	
  

 	
  

 
	
 1.

 	
 General
 

 
	
  

 	
  

 
	
  

 	
 1.1

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

 
	
  

 	
  

 	
  

 
	
  

 	
 1.2

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

 
	
  

 	
  

 	
  

 
	
  

 	
 1.3

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

 
	
  

 	
  

 	
  

 
	
  

 	
 1.4

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

 
	
  

 	
  

 	
  

 
	
  

 	
 1.5

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

 
	
  

 	
  

 	
  

 
	
  

 	
 1.6

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

 
	
  

 	
  

 	
  

 
	
  

 	
 1.7

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

 
	
  

 	
  

 	
  

 
	
  

 	
 1.8

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

 
	
  

 	
  

 	
  

 
	
 2.

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

 
	
  

 	
  

 
	
  

 	
 2.1

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

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 2.1.1

 	
 The Charges for a
 Verizon Telecommunications Service purchased by Excel 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

 


110









	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 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 Excel 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 Excel for resale
 pursuant to Section 251(c)(4) of the Act.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 2.1.3

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

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 2.1.4

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 2.1.5

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 2.1.5.1

 	
 Short term
 promotions as defined in 47 CFR § 51.613; 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 2.1.5.2

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 2.1.5.3

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 2.1.5.4

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

 


111









	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 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 Excel 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

 	
 Excel 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
 Excel.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 3.

 	
 Excel
 Prices 

 
	
  

 	
  

 	
  

 
	
  

 	
 Notwithstanding
 any other provision of this Agreement, the Charges that Excel bills Verizon
 for Excel’s Services shall not exceed the Charges for Verizon’s comparable
 Services, except to the extent that Excel’s cost to provide such Excel
 Services to Verizon exceeds the Charges for Verizon’s comparable Services and
 Excel 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 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). 

 


112





APPENDIX A TO THE PRICING
ATTACHMENT


VERIZON MARYLAND INC. and EXCEL


	
  

 	
  

 
	
 A.

 	
 INTERCONNECTION1

 






	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service or
 Element Description2:

 	
  

 	
 Recurring
 Charges:

 	
  

 	
 Non-Recurring
 Charges:

 
	

 


 	
  

 	

 


 	
  

 	

 


 
	
 I.
 Reciprocal Compensation Traffic Termination3

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 Traffic Delivered at Verizon End Office

 	
  

 	
 $.00225/MOU

 	
  

 	
 Not Applicable

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 Traffic Delivered at Verizon Tandem

 	
  

 	
 $.0033/MOU

 	
  

 	
 Not Applicable

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 II.
 Entrance Facilities and Transport for Interconnection
A.
 Entrance facilities, and transport, as appropriate, for Interconnection at
 Verizon End Office, Tandem Office, or other Point of Interconnection

 	
  

 	
 Per interstate
 [Verizon FCC 1 Sec. 6 access tariff for Feature Group D service as amended
 from time to time

 	
  

 	
 Per interstate
 [Verizon FCC 1 Sec. 6] access tariff for Feature Group D service as amended
 from time to time

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 Per intrastate
 [Verizon MD S.C.C. – MD – No. 217 Sec. 6] access tariff for Feature Group D
 service as amended from time to time

 	
  

 	
  Per intrastate [ Verizon MD S.C.C. – MD. –
 No. 217 Sec. 6] access tariff for Feature Group D service as amended from
 time to time

 






	
  

 	
  

 	
  

 
	

 


 	
  

 
	
 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 Excel 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 Excel 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 Appendix A shall apply until such time as they are
 replaced by new rates as may be approved or allowed into effect by the
 Commission from time to time pursuant to the FCC Regulations, subject to a
 stay or other order issued by any court of competent jurisdiction. 

 
	
  

 	
  

 
	
 3          See
 the note on the last page of this price appendix regarding measurement and
 calculation of Reciprocal Compensation Traffic termination charges. 

 


113









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service or
 Element Description:

 	
  

 	
 Recurring
 Charges:

 	
  

 	
 Non-Recurring
 Charges:

 
	

 


 	
  

 	

 


 	
  

 	

 


 
	
 III.
 Exchange Access Service

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 Interstate

 	
  

 	
 Per Verizon FCC
 exchange access Tariff.

 
	
  

 	
 Intrastate

 	
  

 	
 Per Verizon MD exchange
 access Tariff.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 IV.
 End Point Fiber Meet

 	
  

 	
 To be charged in
 accordance with the requirements of the Interconnection Attachment, Section 4

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 V.
 Tandem Transit arrangements for Reciprocal Compensation Traffic between Excel
 and carriers other than Verizon that subtend a Verizon Tandem Switch. (Not
 applicable to Toll Traffic or when Meet Point Billing Arrangement applies;
 Separate trunks required for IXC subtending trunks)

 	
  

 	
  

 	
  

 	
 Separate trunks
 required for IXC subtending trunks

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Tandem Switching

 	
  

 	
 $.000695/MOU

 	
  

 	
 Not Applicable

 
	
  

 	
  

 	
 Tandem-Switched
 Transport

 	
  

 	
 $.000353/MOU

 	
  

 	
 Not Applicable

 


114





B. UNBUNDLED NETWORK ELEMENTS4


	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service or
 Element Description

 	
  

 	
 Recurring
 Charges:

 	
  

 	
 Non-Recurring
 Charges:

 
	

 


 	
  

 	

 


 	
  

 	

 


 
	
  

 	
 I.
 Dedicated Transport5

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Voice Grade/DS-0

 

 

 DS-1

 

 

 DS-3

 

 

 DDS

 	
  

 	
 $8.54/Month &

 $.018/Mile/Month

 

 $30.61/Month &

 $.375/Mile/Month

 

 $414.74/Month &

 $10.45/Mile/Month

 

 $8.70/Mile &

 $.02/Mile/Month

 	
  

 	
 All:
$6.70
 /Service Order plus installation charges for each initial and additional
 facility purchased at the time of order

 

 $315.00/Initial Facility & $21.28/Additional Facility

 





	
  

 	
  

 	
  

 
	

 


 	
  

 
	
 4          All
 rates and charges specified herein are pertaining to the 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.

 


115









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service or
 Element Description:

 	
  

 	
 Recurring
 Charges:

 	
  

 	
 Non-Recurring
 Charges:

 
	

 


 	
  

 	

 


 	
  

 	

 


 
	
  

 	
  

 	
 STS-1

 	
  

 	
 $334.36/Month/Mile
 &

 $5.00 Mileage charge/Facility/Mile/Month

 	
  

 	
 $52.62 Service
 Order

 $176.19 Installation charge per facility

 $6.62 Manual Surcharge

 Expedite:

 $78.45 Service Order

 $252.80/Installation charge per facility

 $9.87/Manual Surcharge

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 OC-3

 	
  

 	
 $1,009.52/Month/Mile
 &

 $15.29 Mileage charge/Facility/Mile/Month

 	
  

 	
 $52.62 Service
 Order

 $213.23 Installation charge per facility

 $6.62 Manual Surcharge

 Expedite:

 $78.45 Service Order

 $306.38/Installation charge per facility

 $9.87/Manual Surcharge

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 OC-12

 	
  

 	
 $2,700.17/Month/Mile
 &

 $36.31 Mileage charge/Facility/Mile/Month

 	
  

 	
 $52.62 Service
 Order

 $213.23 Installation charge per facility

 $6.62 Manual Surcharge

 Expedite:

 $78.45 Service Order

 $306.38/Installation charge per facility

 $9.87/Manual Surcharge

 


116









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service or
 Element Description:

 	
  

 	
 Recurring
 Charges:

 	
  

 	
 Non-Recurring
 Charges:

 
	

 


 	
  

 	

 


 	
  

 	

 


 
	
  

 	
 II.
 Common Transport

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Tandem Switching

 	
  

 	
 $.000695/MOU

 	
  

 	
 Not Applicable

 
	
  

 	
  

 	
 Tandem-Switched
 Transport

 	
  

 	
 $.000353/MOU

 	
  

 	
 Not Applicable

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 III.
 Digital Cross-Connect System

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Service Establishment

 

 Database Modification

 

 Reconfiguration by Verizon Personnel

 

 DS-0 Cross-Connect

 

 DS-1 Cross-Connect

 	
  

 	
 Not Applicable

 

 Not Applicable

 

 Not Applicable

 

 $17.03/Port/Month

 

 $59.54/Port/Month

 	
  

 	
 $2,062.75/Request


 $159.75/Modification Request


 $35.77/Programming Charge/Half Hour

 $29.28/Port


 $36.59/Port

 


117









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service or
 Element Description:

 	
  

 	
 Recurring
 Charges:

 	
  

 	
 Non-Recurring
 Charges:

 
	

 


 	
  

 	

 


 	
  

 	

 


 
	
 IV.
 Entrance Facilities

 	
  

 	
  

 	
  

 	
 

All:

 $6.70/Service Order plus installation charges for each initial and additional
 facility purchased at the time of order:

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 2-Wire Voice Grade
 Channel Termination

 	
  

 	
 $11.02/Month

 	
  

 	
 $296.00/Initial
 &

 $171.44/Additional

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 4-Wire Voice Grade
 Channel Termination

 	
  

 	
 $17.63/Month

 	
  

 	
 $382.37/Initial
 &

 $221.67/Additional

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 DS-1 to Voice
 Grade Multiplexing

 	
  

 	
 $63.20/Month

 	
  

 	
 $366.56/Initial
 &

 $366.56/Additional

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 DS-1 Channel
 Termination

 	
  

 	
 $125.32/Month

 	
  

 	
 $422.32/Initial
 &

 $205.89/Additional

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 DS-3 to DS-1
 Multiplexing

 	
  

 	
 $216.05/Month

 	
  

 	
 $366.56/Initial
 &

 $366.56/Additional

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 DS-3 Channel
 Termination

 	
  

 	
 $918.37/Month

 	
  

 	
 $422.32/Initial
 &

 $205.89/Additional

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 STS-1

 OC-3

 OC-12

 	
  

 	
 $585.56/Month

 $771.47/Month

 $2,286.50/Month

 	
  

 	
 All:

 $52.62 Service Order charge

 $175.68/Installation charge per facility

 $6.62/Manual Surcharge

 Expedite:

 $78.45 Service Order

 $252.06/Installation Charge/Facility

 $9.87/Manual Surcharge

 


118










	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service or
 Element Description:

 	
  

 	
 Recurring
 Charges:

 	
  

 	
 Non-Recurring
 Charges:

 
	

 


 	
  

 	

 


 	
  

 	

 


 
	
 V.

 	
 Unbundled
 Switching6

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 a. Local
 Switching Ports

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 POTS/PBX/Centrex

 	
  

 	
 $1.895/Port/Month

 	
  

 	
 $6.70/Service Order

 $9.97/Installation/Port

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 ISDN (BRI)

 	
  

 	
 $10.545/Port/Month

 	
  

 	
 $6.70/Service Order

 $9.97/Installation/Port

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 ISDN (PRI)

 	
  

 	
 $113.315/Port/Month

 	
  

 	
 $6.70/Service Order

 $105.06/Installation/Port

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Public/Semi-Public

 	
  

 	
 $2.695/Port/Month

 	
  

 	
 $6.70/Service Order

 $9.97/Installation/Port

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 DID

 	
  

 	
 $5.325/Port/Month

 	
  

 	
 $6.70/Service Order

 $631.03/Installation/Port

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Coordinated Port Cutover

 SMDI Port

 	
  

 	
 Not Applicable

 $204.53/Port/Month

 	
  

 	
 $7.81/Port

 $7.69/Service Order

 $355.70/Installation/Port

 $14.98/Manual Surcharge Expedite:

 $11.47/Service Order

 $508.19/Installation/Port

 $22.34/Manual Surcharge

 






	
  

 	
  

 
	

 


 
	
 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. 

 


119









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service or
 Element Description:

 	
  

 	
 Recurring
 Charges:

 	
  

 	
 Non-Recurring
 Charges:

 
	

 


 	
  

 	

 


 	
  

 	

 


 
	
  

 	
 Switched DS1 Port

 	
  

 	
 $163.91/Port/Month

 	
  

 	
 $52.62/Service Order

 $382.35/Installation/Installation

 $253.13/Installation/Each additional port (when ordered at the same time as
 the initial) Expedite:

 $78.45/Service Order

 $545.48/Installation/Port

 $362.10/Installation/Each additional port (when ordered at the same time as
 the initial)

 $9.87/Manual Surcharge

 


120









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service or
 Element Description:

 	
  

 	
 Recurring
 Charges:

 	
  

 	
 Non-Recurring
 Charges:

 
	

 


 	
  

 	

 


 	
  

 	

 


 
	
  

 	
  

 	
 IDLC Interface Group (4 Ports)

 	
  

 	
 $122.48/Month/Interface

 Group

 	
  

 	
 $7.60/Service Port

 $420.04/Installation Charge/Interface Group

 $14.98/Manual Surcharge Expedite:

 $11.47/Service Order

 $599.99/Installation Charge/Interface Group

 $22.34/Manual Surcharge

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Unbundled Public Access Line Port
 (UPALP)

 	
  

 	
 $1.90/Month/Port

 	
  

 	
 $7.69/Installation/Port

 $24.64/Installation/Port

 $17.00/Installation Charge/Each Additional Port (when ordered at the same
 time as the initial)

 $14.98/Manual Surcharge Expedite:

 $11.47/Service Order

 $35.68/ Installation Charge/Each Additional Port (when ordered at the same
 time as the initial)

 $24.58/Installation Charge/Each Additional Port (when ordered at the same
 time as the initial)

 $22.34/Manual Surcharge

 


121









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service or
 Element Description:

 	
  

 	
 Recurring
 Charges:

 	
  

 	
 Non-Recurring
 Charges:

 
	

 


 	
  

 	

 


 	
  

 	

 


 
	
  

 	
 Unbundled Coin Port (UCP)

 	
  

 	
 $3.06/Month/Port

 	
  

 	
 $7.69/Installation/Port

 $24.64/Installation/Port

 $17.00/Installation Charge/Each Additional Port (when ordered at the same
 time as the initial)

 $14.98/Manual Surcharge Expedite:

 $11.47/Service Order

 $35.68/ Installation

 $24.58/Installation Charge/Each Additional Port (when ordered at the same
 time as the initial)

 $22.34/Manual Surcharge

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 Ancillary Features (For UCP
 and/or UPALP)

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Line Side Answer Supervision
 (available only on UPALP)

 	
  

 	
 $0.01/Month

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Call Type Blocking

 	
  

 	
 $0.04/Month

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 International Direct Dial
 Blocking (IDDB)

 	
  

 	
 $0.01/Month

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 One-Way Service (available only
 on UCP)

 	
  

 	
 $0.01/Month

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 b. Dedicated
 Trunk Ports

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 End office Ports

 	
  

 	
 $77.83/Month

 	
  

 	
 $7.69/Installation/Port

 $461.79/Installation/Port

 $212.01/Installation Charge/Each Additional Port (when ordered at the same
 time as the initial)

 $14.98/Manual Surcharge Expedite:

 $11.47/Service Order

 $664.08/ Installation

 $303.32/Installation Charge/Each Additional Port (when ordered at the same
 time as the initial)

 $22.34/Manual Surcharge

 


122









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service or
 Element Description:

 	
  

 	
 Recurring
 Charges:

 	
  

 	
 Non-Recurring
 Charges:

 
	

 


 	
  

 	

 


 	
  

 	

 


 
	
  

 	
 Tandem Port

 	
  

 	
 $99.08/Month/Port

 	
  

 	
 $7.69/Installation/Port

 $396.90/Installation/Port

 $198.26/Installation Charge/Each Additional Port (when ordered at the same
 time as the initial)

 $14.98/Manual Surcharge Expedite:

 $11.47/Service Order

 $573.07/ Installation

 $282.76/Installation Charge/Each Additional Port (when ordered at the same
 time as the initial)

 $22.34/Manual Surcharge

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 c. Tandem Switching
 Usage

 	
  

 	
 $.000695/MOU

 	
  

 	
 Not Applicable

 
	
  

 	
 d. Local
 Switching Usage

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 POTS Originating With Vertical
 Features

 	
  

 	
 $.0038/MOU

 	
  

 	
 Not Applicable

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 POTS Terminating With Vertical
 Features

 	
  

 	
 $.0038/MOU

 	
  

 	
 Not Applicable

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 ISDN Originating Digital Circuit
 Switched Voice

 	
  

 	
 $.002670/MOU

 	
  

 	
 Not Applicable

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 ISDN Terminating Digital Circuit
 Switched Voice

 	
  

 	
 $.001532/MOU

 	
  

 	
 Not Applicable

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 ISDN Originating Digital Circuit
 Switched Data

 	
  

 	
 $.001664/MOU

 	
  

 	
 Not Applicable

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 ISDN Terminating Digital Circuit
 Switched Data

 	
  

 	
 $.001532/MOU

 	
  

 	
 Not Applicable

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 d. POTS Features

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 PBX

 	
  

 	
 $.000918/MOU

 	
  

 	
 Both:

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 $4.24/Service Order

 
	
  

 	
  

 	
 Multi-Line Hunting

 	
  

 	
 $.0000013/MOU

 	
  

 	
 $.10/Installation

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 e. Centrex
 Features

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 UCD

 	
  

 	
 $.001098/MOU

 	
  

 	
 All:

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 $4.24/Service Order

 
	
  

 	
  

 	
 Hunting

 	
  

 	
 $.000123/MOU

 	
  

 	
 $.10/Installation

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Queuing

 	
  

 	
 $.000426/MOU

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Intercom & Features

 	
  

 	
 $.018648/MOU

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Attendant

 	
  

 	
 $.019499/MOU

 	
  

 	
  

 


123









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service or
 Element Description:

 	
  

 	
 Recurring
 Charges:

 	
  

 	
 Non-Recurring
 Charges:

 
	

 


 	
  

 	

 


 	
  

 	

 


 
	
  

 	
  

 	
 Attendant Console

 	
  

 	
 $.021134/MOU

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Centralized Attendant Services

 	
  

 	
 $.196392/MOU

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Attendant Access Code Dialing

 	
  

 	
 $.044330/MOU

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Automatic Route Selection

 	
  

 	
 $.000269/MOU

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Electronic Tandem Switching

 	
  

 	
 $.000997/MOU

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 f. ISDN Centrex
 Feature

 	
  

 	
 $.007571/MOU

 	
  

 	
 $4.24/Service Order

 $.10/Installation

 


124









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service or
 Element Description:

 	
  

 	
 Recurring
 Charges:

 	
  

 	
 Non-Recurring
 Charges:

 
	

 


 	
  

 	

 


 	
  

 	

 


 
	
 VI.

 	
 Unbundled Loops7

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 2 Wire Analog Loops (POTS Loops)

 	
  

 	
 Rate Group:

 	
  

 	
 Service Order: $6.70

 
	
  

 	
  

 	
  

 	
  

 	
 A1 - $12.11/Month

 	
  

 	
 Installation:

 
	
  

 	
  

 	
  

 	
  

 	
 A28 - $12.85/Month

 B1 - $25.96/Month

 B2 - $18.40/Month

 	
  

 	
 If a premises visit is not
 required, initial & each additional loop - $9.52

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 If a premises visit is required:
 initial loop installed on that visit:

 $67.72:

 Each additional loop installed on that visit:

 $29.96

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 4 Wire Loops

 	
  

 	
 Rate Group:

 	
  

 	
 Service Order: $6.70

 
	
  

 	
  

 	
  

 	
  

 	
 A1 - $24.74/Month

 	
  

 	
 Installation:

 
	
  

 	
  

 	
  

 	
  

 	
 A29 - $26.45/Month

 B1 - $52.45/Month

 B2 - $37.38/Month

 	
  

 	
 If a premises visit is not
 required, initial & each additional loop - $48.41

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 If a premises visit is required:
 initial loop installed on that visit

 $117.21;

 Each additional loop installed on that visit

 $79.45

 






	
  

 	
  

 
	

 


 
	
 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.

 
	
  

 
	
 8          Rate
 Group A2 is modified to include the Hagerstown, Cumberland, and Salisbury
 exchanges.

 
	
  

 
	
 9          Rate
 Group A2 is modified to include the Hagerstown, Cumberland, and Salisbury
 exchanges. 

 


125









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service or
 Element Description:

 	
  

 	
 Recurring
 Charges:

 	
  

 	
 Non-Recurring
 Charges:

 
	

 


 	
  

 	

 


 	
  

 	

 


 
	
  

 	
  

 	
 ISDN Loops

 	
  

 	
 Rate Group

 	
  

 	
 Service Order: $9.52

 
	
  

 	
  

 	
  

 	
  

 	
 A1-$13.63/Month

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 A210-$14.37/Month

 	
  

 	
 Installation:

 
	
  

 	
  

 	
  

 	
  

 	
 B1-$27.40/Month

 B2-$19.90/Month

 	
  

 	
 If a premises visit is not
 required, initial & each additional loop - $17.73

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 If a premises visit is required:
 initial loop installed on that visit

 $75.92;

 each additional loop installed on that visit:

 $38.16

 
	
  

 	
  

 	
 DS-1 Loops

 	
  

 	
 Rate Groups:

 	
  

 	
 Service Order: $6.70

 
	
  

 	
  

 	
 .

 	
  

 	
 A1-$113.03/Month

 	
  

 	
 Installation:

 
	
  

 	
  

 	
  

 	
  

 	
 A211-$114.64/Month

 B1-$152.72/Month

 B2-$133.10/Month

 	
  

 	
 If premises visit not required,
 initial & each additional loop -

 $48.41

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 If a premises visit is required:
 initial loop installed on that visit

 $117.21;

 each additional loop installed on that visit:

 $79.45

 
	
  

 	
  

 	
 DS-3

 	
  

 	
 Rate Groups:

 	
  

 	
 Service Order: $52.62

 
	
  

 	
  

 	
  

 	
  

 	
 A1-$961.37/Month

 A212-$961.37/Month

 B1-$961.37/Month

 B2-$961.37/Month

 	
  

 	
 Provisioning (initial
 and each additional):

 $175.69

 Installation Dispatch:$143.07

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 Expedite:

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 Service Order: $78.45

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 Provisioning (initial
 and each additional):

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 $252.07

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 Installation Dispatch:

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 $192.93

 






	
  

 
	

 


 
	
 10          Rate
 Group A2 is modified to include the Hagerstown, Cumberland, and Salisbury
 exchanges. 

 
	
  

 
	
 11          Rate
 Group A2 is modified to include the Hagerstown, Cumberland, and Salisbury
 exchanges. 

 
	
  

 
	
 12          Rate
 Group A2 is modified to include the Hagerstown, Cumberland, and Salisbury
 exchanges. 

 


126









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service or
 Element Description:

 	
  

 	
 Recurring
 Charges:

 	
  

 	
 Non-Recurring
 Charges:

 
	

 


 	
  

 	

 


 	
  

 	

 


 
	
  

 	
  

 	
 Digital Four-Wire (56-KD)

 	
  

 	
 Rate Groups:

 	
  

 	
 $7.69/Service Order

 
	
  

 	
  

 	
  

 	
  

 	
 A1-$28.73/Month

 A213-$30.44/Month

 B1-$56.49/Month

 B2-$41.39/Month

 	
  

 	
 $28.60/Installation
 Charge/Initial and each additional loop, no premises visit required

 $171.68/Installation Charge/initial loop, premise visit required

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Customer Specified Signaling -
 2-Wire

 	
  

 	
 Rate Groups:

 	
  

 	
 Service Order: $6.70

 
	
  

 	
  

 	
  

 	
  

 	
 A1-$12.11/Month

 	
  

 	
 Installation:

 
	
  

 	
  

 	
  

 	
  

 	
 A214-$12.85/Month

 B1-$25.96/Month

 B2-$18.40/Month

 	
  

 	
 If a premises visit is not
 required, initial & each additional loop -

 $48.41

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 If a premises visit is required:
 initial loop installed on that visit

 $117.21;

 each additional loop installed on that visit:

 $79.45

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Customer Specified Signaling -
 4-Wire

 	
  

 	
 Rate Groups:

 	
  

 	
 Service Order: $6.70

 
	
  

 	
  

 	
  

 	
  

 	
 A1-$24.74/Month

 	
  

 	
 Installation:

 
	
  

 	
  

 	
  

 	
  

 	
 A215-$26.45/Month

 B1-$52.45/Month

 B2-$37.38/Month

 	
  

 	
 If a premises visit is not
 required, initial & each additional loop -

 $48.41

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 If a premises visit is required:
 initial loop installed on that visit

 $117.21;

 each additional loop installed on that visit:

 $79.45

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Coordinated Cutover16

 	
  

 	
 Not Applicable

 	
  

 	
 If premises visit not required,
 $7.80/Loop

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 If premises visit required,
 $18.40/Loop

 






	
  

 
	

 


 
	
 13          Rate
 Group A2 is modified to include the Hagerstown, Cumberland, and Salisbury
 exchanges. 

 
	
  

 
	
 14          Rate
 Group A2 is modified to include the Hagerstown, Cumberland, and Salisbury
 exchanges. 

 
	
  

 
	
 15          Rate
 Group A2 is modified to include the Hagerstown, Cumberland, and Salisbury
 exchanges. 

 
	
  

 
	
 16          Coordinated
 Cutover is not available with ADSL, HDSL, SDSL, IDSL Loops or Digital Designed
 Loops 

 


127









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service or
 Element Description:

 	
  

 	
 Recurring
 Charges:

 	
  

 	
 Non-Recurring
 Charges:

 
	

 


 	
  

 	

 


 	
  

 	

 


 
	
  

 	
  

 	
 2 Wire ADSL compatible Loops

 	
  

 	
 Rate Group

 	
  

 	
 Service Order: $9.52

 
	
  

 	
  

 	
 2 Wire HDSL compatible Loops

 	
  

 	
 A1-$13.63/Month

 	
  

 	
  

 
	
  

 	
  

 	
 2 Wire SDSL compatible Loops

 	
  

 	
 A217-$14.37/Month

 	
  

 	
 Installation:

 
	
  

 	
  

 	
 2 Wire IDSL compatible Loops

 	
  

 	
 B1-$27.40/Month

 B2-$19.90/Month

 	
  

 	
 If a premises visit is not
 required, initial & each additional loop -

 $17.73

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 If a premises visit is required:
 initial loop installed on that visit

 $75.92;

 each additional loop installed on that visit:

 $38.16

 
	
  

 	
  

 	
 4 Wire HDSL Loops

 	
  

 	
 Rate Groups:

 	
  

 	
 Service Order: $6.70

 
	
  

 	
  

 	
  

 	
  

 	
 A1-$113.03/Month

 	
  

 	
 Installation:

 
	
  

 	
  

 	
  

 	
  

 	
 A218-$114.64/Month

 B1-$152.72/Month

 B2-$133.10/Month

 	
  

 	
 If premises visit not required,
 initial & each additional loop -

 $48.41

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 If a premises visit is required:
 initial loop installed on that visit

 $117.21;

 each additional loop installed on that visit:

 $79.45

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 Standard Digital
 Loops

 	
  

 	
 All:

 	
  

 	
 All:

 
	
  

 	
  

 	
  

 	
  

 	
 $.45/ Mechanized Loop
 Qualification per Provisioned Loop

 	
  

 	
 $0.00/ Manual Loop Qualification
 per Loop Request

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 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

 






	
  

 
	

 


 
	
 17          Rate
 Group A2 is modified to include the Hagerstown, Cumberland, and Salisbury
 exchanges. 

 
	
  

 
	
 18          Rate
 Group A2 is modified to include the Hagerstown, Cumberland, and Salisbury
 exchanges. 

 


128









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service or
 Element Description:

 	
  

 	
 Recurring
 Charges:

 	
  

 	
 Non-Recurring
 Charges:

 
	

 


 	
  

 	

 


 	
  

 	

 


 
	
  

 	
  

 	
 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

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 Digital Designed
 Loops

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 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

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 $180.30

 Removal of one Bridged Tap per Request

 $435.86

 Removal of Multiple Bridged Taps per Loop per Request

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 $0.00

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 Engineering Query

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 $80.89

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 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

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 $180.30

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 Removal of one Bridged Tap per
 Request

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 $435.86

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 Removal of Multiple Bridged Taps
 per Loop per Request

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 $0.00

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 Engineering Query

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 $80.89

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 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

 


129









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service or
 Element Description:

 	
  

 	
 Recurring
 Charges:

 	
  

 	
 Non-Recurring
 Charges:

 
	

 


 	
  

 	

 


 	
  

 	

 


 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 $812.18

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 $1,079.53

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 $180.30

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 Removal of one Bridged Tap per
 Request

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 $435.86

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 Removal of Multiple Bridged Taps
 per Loop per Request

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 $0.00

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 Engineering Query

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 $80.89

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 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

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 $812.18

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 $1,079.53

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 $1,070.03

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 Addition of Range Electronics

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 $0.00

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 Engineering Query

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 $80.89

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 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

 


130









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service or
 Element Description:

 	
  

 	
 Recurring
 Charges:

 	
  

 	
 Non-Recurring
 Charges:

 
	

 


 	
  

 	

 


 	
  

 	

 


 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 $180.30

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 Removal of one Bridged Tap per
 Request

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 $435.86

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 Removal of Multiple Bridged Taps
 per Loop per Request

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 $0.00

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 Engineering Query

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 $80.89

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 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

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 $180.30

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 Removal of one Bridged Tap per
 Request

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 $435.86

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 Removal of Multiple Bridged Taps
 per Loop per Request

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 $0.00

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 Engineering Query

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 $80.89

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 Engineering Work Order Charge

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 2 Wire SDSL compatible Loops with
 Bridged Tap Removal

 	
  

 	
 See rates for 2 Wire SDSL Loops
 as set forth above

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 $180.30

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 Removal of one Bridged Tap per
 Request

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 $435.86

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 Removal of Multiple Bridged Taps
 per Loop per Request

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 $0.00

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 Engineering Query

 


131









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service or
 Element Description:

 	
  

 	
 Recurring
 Charges:

 	
  

 	
 Non-Recurring
 Charges:

 
	

 


 	
  

 	

 


 	
  

 	

 


 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 $80.89

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 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

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 $180.30

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 Removal of one Bridged Tap per
 Request

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 $435.86

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 Removal of Multiple Bridged Taps
 per Loop per Request

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 $0.00

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 Engineering Query

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 $80.89

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 Engineering Work Order Charge

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 VII.

 	
 Intrastate
 Collocation

 	
  

 	
 As Applicable Per Verizon MD PSC
 No. 218 as amended from time to time.

 


132









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 VIII.

 	
 Line Sharing

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Rate Element

 	
  

 	
 $ Amount

 	
  

 	
 Mo.

 	
  

 	
 NRC

 	
  

 	
 *Option A19

 	
  

 	
 *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

 	
  

 	
 $1066.94

 	
  

 	
  

 	
  

 	
 X

 	
  

 	
 Not applicable unless adding
 line-sharing terminations

 	
  

 	
 (1)

 	
 (1)

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Splitter Installation Cost

 	
  

 	
 $937.72

 	
  

 	
  

 	
  

 	
 X

 	
  

 	
 Not applicable

 	
  

 	
 (1)

 	
  

 
	
 Collocation cross-connect perVG

 	
  

 	
 $2.00 for virtual

 $0.69 for physical

 	
  

 	
 X

 	
  

 	
  

 	
  

 	
 (2) SAC20s

 	
  

 	
 (2) SACs

 	
 (2) SACs

 



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


(1) = one required


(2) = two required 


	
  

 
	

 


 
	
 19 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. 

 
	
  

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

 


133









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 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

 	
  

 	
 $1.05 optional

 	
  

 	
 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. 


134









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Rate Element

 	
  

 	
 $ Amount

 	
  

 	
 Mo.

 	
  

 	
 NRC

 	
  

 	
 *Option A

 	
  

 	
 Option C

 VERIZON installs/ CLEC

 vendor installs

 
	
 Service Order

 	
  

 	
 $9.59

 	
  

 	
  

 	
  

 	
 X

 	
  

 	
 (1)

 	
  

 	
 (1)

 	
 (1)

 
	
  

 	
  

 	
  

 	
 $14.88

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Expedite

 	
  

 	
 $28.13

 	
  

 	
  

 	
  

 	
 X

 	
  

 	
 (1)

 	
  

 	
 (1)

 	
 (1)

 
	
 Central Office Wiring Initial

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Expedite

 	
  

 	
 $40.91

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Central Office Wiring Additional

 	
  

 	
 $13.84

 	
  

 	
  

 	
  

 	
 X

 	
  

 	
 (1)

 	
  

 	
 (1)

 	
 (1)

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Expedite

 	
  

 	
 $20.13

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Provisioning

 	
  

 	
 $0.21

 	
  

 	
  

 	
  

 	
 X

 	
  

 	
 (1)

 	
  

 	
 (1)

 	
 (1)

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Expedite

 	
  

 	
 $0.30

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Field Installation Dispatch

 	
  

 	
 $110.08

 	
  

 	
  

 	
  

 	
 X

 	
  

 	
 (1)

 	
  

 	
 (1)

 	
 (1)

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Expedite

 	
  

 	
 $148.45

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Manual Intervention Surcharge

 	
  

 	
 $14.96

 	
  

 	
  

 	
  

 	
 X

 	
  

 	
 (1)

 	
  

 	
 (1)

 	
 (1)

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Expedite

 	
  

 	
 $22.30

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Loop Qualification Data Base per
 link

 	
  

 	
 $0.45

 	
  

 	
 X

 	
  

 	
  

 	
  

 	
 (1)

 	
  

 	
 (1)

 	
 (1)

 
	
 Manual Loop Qualification

 	
  

 	
 $0.00

 	
  

 	
  

 	
  

 	
 X

 	
  

 	
 (1)

 	
  

 	
 (1)

 	
 (1)

 
	
 Engineering Query

 	
  

 	
 $0.00

 	
  

 	
  

 	
  

 	
 X

 	
  

 	
 (1)

 	
  

 	
 (1)

 	
 (1)

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Engineering Work Order

 	
  

 	
 $80.89

 	
  

 	
  

 	
  

 	
 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

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 (1)

 	
  

 	
 (1)

 	
 (1)

 
	
 Misdirects

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Dispatch In

 	
  

 	
 $40.37

 	
  

 	
  

 	
  

 	
 X

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Expedite Dispatch In

 	
  

 	
 $58.47

 	
  

 	
  

 	
  

 	
 X

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Dispatch Out

 	
  

 	
 $118.59

 	
  

 	
  

 	
  

 	
 X

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Expedite Dispatch Out

 	
  

 	
 $162.83

 	
  

 	
  

 	
  

 	
 X

 	
  

 	
  

 	
  

 	
  

 	
  

 


135








	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 IX. Line
 Splitting

 	
  

 	
 Per rates listed in Section VIII. above

 	
  

 
	
  

 
	
 X. Unbundled
 Network Element Platform21

 	
  

 	
  

 	
  

 
	
  

 
	
  

 	
  

 	
 Rates

 	
  

 
	
  

 	
  

 	
 Monthly

 Recurring

 	
  

 	
 Non-Recurring

 Normal

 	
  

 	
 Non-Recurring

 Expedite

 	
  

 
	
  

 	
  

 	

 


 	
  

 	

 


 	
  

 	

 


 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Analog Platform

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 New - Initial

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service Order

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 0.83

 	
  

 	
 $

 	
 1.23

 	
  

 
	
 Service Connection Charge/Platform

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 7.57

 	
  

 	
 $

 	
 10.78

 	
  

 
	
 Premises Visit Charge

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 110.27

 	
  

 	
 $

 	
 148.70

 	
  

 
	
 Manual Surcharge

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 9.42

 	
  

 	
 $

 	
 14.04

 	
  

 
	
 New – Additional (when
 ordered at the same time as the initial)

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service Connection Charge/Platform

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 7.40

 	
  

 	
 $

 	
 10.54

 	
  

 
	
 Premises Visit Charge

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 37.46

 	
  

 	
 $

 	
 50.51

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Migration - Initial

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service Order

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 0.83

 	
  

 	
 $

 	
 1.23

 	
  

 
	
 Service Connection Charge/Platform

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 4.26

 	
  

 	
 $

 	
 6.07

 	
  

 
	
 Manual Surcharge

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 9.42

 	
  

 	
 $

 	
 14.04

 	
  

 
	
 Migration - Additional (when
 ordered at the same time as the initial)

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service Connection Charge/Platform

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 4.09

 	
  

 	
 $

 	
 5.83

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 ISDN-BRI Platform

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 New – Initial

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service Order

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 0.83

 	
  

 	
 $

 	
 1.23

 	
  

 
	
 Service Connection Charge/Platform

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 7.57

 	
  

 	
 $

 	
 10.78

 	
  

 
	
 Premises Visit Charge

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 110.27

 	
  

 	
 $

 	
 148.70

 	
  

 
	
 Manual Surcharge

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 9.42

 	
  

 	
 $

 	
 14.04

 	
  

 
	
 New – Additional (when
 ordered at the same time as the initial)

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service Connection Charge/Platform

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 7.40

 	
  

 	
 $

 	
 10.54

 	
  

 
	
 Premises Visit Charge

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 37.46

 	
  

 	
 $

 	
 50.51

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Migration - Initial

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service Order

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 0.83

 	
  

 	
 $

 	
 1.23

 	
  

 
	
 Service Connection Charge/Platform

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 4.26

 	
  

 	
 $

 	
 6.07

 	
  

 
	
 Manual Surcharge

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 9.42

 	
  

 	
 $

 	
 14.04

 	
  

 
	
 Migration - Additional (when
 ordered at the same time as the initial)

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service Connection Charge/Platform

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 4.09

 	
  

 	
 $

 	
 5.83

 	
  

 






	

 


 
	
 21       The
 monthly recurring and usage rates as set forth in this Agreement for the
 individual unbundled network elements or services that comprise the requested
 Unbundled Network Element Platform Combination are applicable. 

 






	
  

 	
  

 
	
  

 	
 136

 













	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 X. Unbundled
 Network Element Platform (continued)

 	
  

 	
  

 	
  

 
	
  

 
	
  

 	
  

 	
 Rates

 	
  

 
	
  

 	
  

 	
 Monthly

 Recurring

 	
  

 	
 Non-Recurring

 Normal

 	
  

 	
 Non-Recurring

 Expedite

 	
  

 
	
  

 	
  

 	

 


 	
  

 	

 


 	
  

 	

 


 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 ISDN-PRI Platform

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 New – Initial

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service Order

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 52.62

 	
  

 	
 $

 	
 78.45

 	
  

 
	
 Service Connection Charge/Platform

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 270.53

 	
  

 	
 $

 	
 387.42

 	
  

 
	
 Premises Visit Charge

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 143.07

 	
  

 	
 $

 	
 192.93

 	
  

 
	
 Manual Surcharge

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 6.62

 	
  

 	
 $

 	
 9.87

 	
  

 
	
 New - Additional (when
 ordered at the same time as the initial)

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service Connection Charge/Platform

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 257.88

 	
  

 	
 $

 	
 369.02

 	
  

 
	
 Premises Visit Charge

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 75.59

 	
  

 	
 $

 	
 101.93

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Migration – Initial

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service Order

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 0.83

 	
  

 	
 $

 	
 1.23

 	
  

 
	
 Service Connection Charge/Platform

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 4.26

 	
  

 	
 $

 	
 6.07

 	
  

 
	
 Manual Surcharge

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 9.42

 	
  

 	
 $

 	
 14.04

 	
  

 
	
 Migration - Additional (when
 ordered at the same time as the initial)

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service Connection Charge/Platform

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 4.09

 	
  

 	
 $

 	
 5.83

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Analog Centrex Platform

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 New – Initial

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service Order

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 0.83

 	
  

 	
 $

 	
 1.23

 	
  

 
	
 Service Connection Charge/Platform

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 7.57

 	
  

 	
 $

 	
 10.78

 	
  

 
	
 Premises Visit Charge

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 110.27

 	
  

 	
 $

 	
 148.70

 	
  

 
	
 Manual Surcharge

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 9.42

 	
  

 	
 $

 	
 14.04

 	
  

 
	
 New - Additional (when
 ordered at the same time as the initial)

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service Connection Charge/Platform

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 7.40

 	
  

 	
 $

 	
 10.54

 	
  

 
	
 Premises Visit Charge

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 37.46

 	
  

 	
 $

 	
 50.51

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Migration – Initial

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service Order

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 0.83

 	
  

 	
 $

 	
 1.23

 	
  

 
	
 Service Connection Charge/Platform

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 4.26

 	
  

 	
 $

 	
 6.07

 	
  

 
	
 Manual Surcharge

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 9.42

 	
  

 	
 $

 	
 14.04

 	
  

 
	
 Migration - Additional (when
 ordered at the same time as the initial)

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service Connection Charge/Platform

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 4.09

 	
  

 	
 $

 	
 5.83

 	
  

 






	
  

 	
  

 
	
  

 	
 137

 













	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 X. Unbundled
 Network Element Platform (continued)

 	
  

 	
  

 	
  

 
	
  

 
	
  

 	
  

 	
 Rates

 	
  

 
	
  

 	
  

 	
 Monthly

 Recurring

 	
  

 	
 Non-Recurring

 Normal

 	
  

 	
 Non-Recurring

 Expedite

 	
  

 
	
  

 	
  

 	

 


 	
  

 	

 


 	
  

 	

 


 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 ISDN-BRI Centrex Platform

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 New – Initial

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service Order

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 0.83

 	
  

 	
 $

 	
 1.23

 	
  

 
	
 Service Connection Charge/Platform

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 7.57

 	
  

 	
 $

 	
 10.78

 	
  

 
	
 Premises Visit Charge

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 110.27

 	
  

 	
 $

 	
 148.70

 	
  

 
	
 Manual Surcharge

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 9.42

 	
  

 	
 $

 	
 14.04

 	
  

 
	
 New - Additional (when
 ordered at the same time as the initial)

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service Connection Charge/Platform

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 7.40

 	
  

 	
 $

 	
 10.54

 	
  

 
	
 Premises Visit Charge

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 37.46

 	
  

 	
 $

 	
 50.51

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Migration – Initial

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service Order

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 0.83

 	
  

 	
 $

 	
 1.23

 	
  

 
	
 Service Connection Charge/Platform

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 4.26

 	
  

 	
 $

 	
 6.07

 	
  

 
	
 Manual Surcharge

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 9.42

 	
  

 	
 $

 	
 14.04

 	
  

 
	
 Migration - Additional (when
 ordered at the same time as the initial)

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service Connection Charge/Platform

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 4.09

 	
  

 	
 $

 	
 5.83

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Analog FX Platform

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 New – Initial

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service Order

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 52.62

 	
  

 	
 $

 	
 78.45

 	
  

 
	
 Service Connection Charge/Platform

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 170.63

 	
  

 	
 $

 	
 247.17

 	
  

 
	
 Premises Visit Charge

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 110.27

 	
  

 	
 $

 	
 148.70

 	
  

 
	
 Manual Surcharge

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 6.62

 	
  

 	
 $

 	
 9.87

 	
  

 
	
 New – Additional (when
 ordered at the same time as the initial)

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service Connection Charge/Platform

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 156.31

 	
  

 	
 $

 	
 226.35

 	
  

 
	
 Premises Visit Charge

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 37.46

 	
  

 	
 $

 	
 50.51

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Migration – Initial

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service Order

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 0.83

 	
  

 	
 $

 	
 1.23

 	
  

 
	
 Service Connection Charge/Platform

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 4.26

 	
  

 	
 $

 	
 6.07

 	
  

 
	
 Manual Surcharge

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 9.42

 	
  

 	
 $

 	
 14.04

 	
  

 
	
 Migration - Additional (when
 ordered at the same time as the initial)

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service Connection Charge/Platform

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 4.09

 	
  

 	
 $

 	
 5.83

 	
  

 






	
  

 	
  

 
	
  

 	
 138

 













	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 X. Unbundled
 Network Element Platform (continued)

 	
  

 	
  

 	
  

 
	
  

 
	
  

 	
  

 	
 Rates

 	
  

 
	
  

 	
  

 	
 Monthly

 Recurring

 	
  

 	
 Non-Recurring

 Normal

 	
  

 	
 Non-Recurring

 Expedite

 	
  

 
	
  

 	
  

 	

 


 	
  

 	

 


 	
  

 	

 


 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 ISDN-BRI FX Platform

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 New – Initial

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service Order

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 52.62

 	
  

 	
 $

 	
 78.45

 	
  

 
	
 Service Connection Charge/Platform

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 170.63

 	
  

 	
 $

 	
 247.17

 	
  

 
	
 Premises Visit Charge

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 110.27

 	
  

 	
 $

 	
 148.70

 	
  

 
	
 Manual Surcharge

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 6.62

 	
  

 	
 $

 	
 9.87

 	
  

 
	
 New – Additional (when
 ordered at the same time as the initial)

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service Connection Charge/Platform

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 156.31

 	
  

 	
 $

 	
 226.35

 	
  

 
	
 Premises Visit Charge

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 37.46

 	
  

 	
 $

 	
 50.51

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Migration – Initial

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service Order

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 0.83

 	
  

 	
 $

 	
 1.23

 	
  

 
	
 Service Connection Charge/Platform

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 4.26

 	
  

 	
 $

 	
 6.07

 	
  

 
	
 Manual Surcharge

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 9.42

 	
  

 	
 $

 	
 14.04

 	
  

 
	
 Migration – Additional (when
 ordered at the same time as the initial)

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service Connection Charge/Platform

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 4.09

 	
  

 	
 $

 	
 5.83

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 DS1 DID/DOD/PBX Platform

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 New – Initial

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service Order

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 52.62

 	
  

 	
 $

 	
 78.45

 	
  

 
	
 Service Connection Charge/Platform

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 270.53

 	
  

 	
 $

 	
 387.42

 	
  

 
	
 Premises Visit Charge

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 143.07

 	
  

 	
 $

 	
 192.93

 	
  

 
	
 Manual Surcharge

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 6.62

 	
  

 	
 $

 	
 9.87

 	
  

 
	
 New – Additional (when
 ordered at the same time as the initial)

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service Connection Charge/Platform

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 257.88

 	
  

 	
 $

 	
 369.02

 	
  

 
	
 Premises Visit Charge

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 75.59

 	
  

 	
 $

 	
 101.93

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Migration – Initial

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service Order

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 0.83

 	
  

 	
 $

 	
 1.23

 	
  

 
	
 Service Connection Charge/Platform

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 4.26

 	
  

 	
 $

 	
 6.07

 	
  

 
	
 Manual Surcharge

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 9.42

 	
  

 	
 $

 	
 14.04

 	
  

 
	
 Migration - Additional (when
 ordered at the same time as the initial)

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service Connection Charge/Platform

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 4.09

 	
  

 	
 $

 	
 5.83

 	
  

 






	
  

 	
  

 
	
  

 	
 139

 













	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 X. Unbundled
 Network Element Platform (continued)

 	
  

 	
  

 	
  

 
	
  

 
	
  

 	
  

 	
 Rates

 	
  

 
	
  

 	
  

 	
 Monthly

 Recurring

 	
  

 	
 Non-Recurring

 Normal

 	
  

 	
 Non-Recurring

 Expedite

 	
  

 
	
  

 	
  

 	

 


 	
  

 	

 


 	
  

 	

 


 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 DS1 DID/DOD/PBX FX Platform

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 New – Initial

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service Order

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 52.62

 	
  

 	
 $

 	
 78.45

 	
  

 
	
 Service Connection Charge/Platform

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 410.03

 	
  

 	
 $

 	
 589.46

 	
  

 
	
 Premises Visit Charge

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 143.07

 	
  

 	
 $

 	
 192.93

 	
  

 
	
 Manual Surcharge

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 6.62

 	
  

 	
 $

 	
 9.87

 	
  

 
	
 New - Additional (when
 ordered at the same time as the initial)

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service Connection Charge/Platform

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 397.38

 	
  

 	
 $

 	
 571.06

 	
  

 
	
 Premises Visit Charge

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 75.59

 	
  

 	
 $

 	
 101.93

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Migration – Initial

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service Order

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 0.83

 	
  

 	
 $

 	
 1.23

 	
  

 
	
 Service Connection Charge/Platform

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 4.26

 	
  

 	
 $

 	
 6.07

 	
  

 
	
 Manual Surcharge

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 9.42

 	
  

 	
 $

 	
 14.04

 	
  

 
	
 Migration - Additional (when
 ordered at the same time as the initial)

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service Connection Charge/Platform

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 4.09

 	
  

 	
 $

 	
 5.83

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 ISDN-PRI FX Platform

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 New – Initial

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service Order

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 52.62

 	
  

 	
 $

 	
 78.45

 	
  

 
	
 Service Connection Charge/Platform

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 410.03

 	
  

 	
 $

 	
 589.46

 	
  

 
	
 Premises Visit Charge

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 143.07

 	
  

 	
 $

 	
 192.93

 	
  

 
	
 Manual Surcharge

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 6.62

 	
  

 	
 $

 	
 9.87

 	
  

 
	
 New - Additional (when
 ordered at the same time as the initial)

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service Connection Charge/Platform

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 397.38

 	
  

 	
 $

 	
 571.06

 	
  

 
	
 Premises Visit Charge

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 75.59

 	
  

 	
 $

 	
 101.93

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Migration – Initial

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service Order

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 0.83

 	
  

 	
 $

 	
 1.23

 	
  

 
	
 Service Connection Charge/Platform

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 4.26

 	
  

 	
 $

 	
 6.07

 	
  

 
	
 Manual Surcharge

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 9.42

 	
  

 	
 $

 	
 14.04

 	
  

 
	
 Migration - Additional (when
 ordered at the same time as the initial)

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service Connection Charge/Platform

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 4.09

 	
  

 	
 $

 	
 5.83

 	
  

 






	
  

 	
  

 
	
  

 	
 140

 













	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 X. Unbundled Network Element Platform
 (continued)

 	
  

 	
  

 	
  

 
	
  

 
	
  

 	
  

 	
 Rates

 	
  

 
	
  

 	
  

 	
 Monthly

 Recurring

 	
  

 	
 Non-Recurring

 Normal

 	
  

 	
 Non-Recurring

 Expedite

 	
  

 
	
  

 	
  

 	

 


 	
  

 	

 


 	
  

 	

 


 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Coin Platform

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 New – Initial

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service Order

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 0.83

 	
  

 	
 $

 	
 1.23

 	
  

 
	
 Service Connection Charge/Platform

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 7.57

 	
  

 	
 $

 	
 10.78

 	
  

 
	
 Premises Visit Charge

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 110.27

 	
  

 	
 $

 	
 148.70

 	
  

 
	
 Manual Surcharge

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 9.42

 	
  

 	
 $

 	
 14.04

 	
  

 
	
 New - Additional (when
 ordered at the same time as the initial)

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service Connection Charge/Platform

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 7.40

 	
  

 	
 $

 	
 10.54

 	
  

 
	
 Premises Visit Charge

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 37.46

 	
  

 	
 $

 	
 50.51

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Migration – Initial

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service Order

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 0.83

 	
  

 	
 $

 	
 1.23

 	
  

 
	
 Service Connection Charge/Platform

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 4.26

 	
  

 	
 $

 	
 6.07

 	
  

 
	
 Manual Surcharge

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 9.42

 	
  

 	
 $

 	
 14.04

 	
  

 
	
 Migration - Additional (when
 ordered at the same time as the initial)

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service Connection Charge/Platform

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 4.09

 	
  

 	
 $

 	
 5.83

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Public Access Line Platform

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 New – Initial

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service Order

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 0.83

 	
  

 	
 $

 	
 1.23

 	
  

 
	
 Service Connection Charge/Platform

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 7.57

 	
  

 	
 $

 	
 10.78

 	
  

 
	
 Premises Visit Charge

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 110.27

 	
  

 	
 $

 	
 148.70

 	
  

 
	
 Manual Surcharge

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 9.42

 	
  

 	
 $

 	
 14.04

 	
  

 
	
 New - Additional (when
 ordered at the same time as the initial)

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service Connection Charge/Platform

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 7.40

 	
  

 	
 $

 	
 10.54

 	
  

 
	
 Premises Visit Charge

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 37.46

 	
  

 	
 $

 	
 50.51

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Migration – Initial

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service Order

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 0.83

 	
  

 	
 $

 	
 1.23

 	
  

 
	
 Service Connection Charge/Platform

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 4.26

 	
  

 	
 $

 	
 6.07

 	
  

 
	
 Manual Surcharge

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 9.42

 	
  

 	
 $

 	
 14.04

 	
  

 
	
 Migration - Additional (when
 ordered at the same time as the initial)

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service Connection Charge/Platform

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 4.09

 	
  

 	
 $

 	
 5.83

 	
  

 






	
  

 	
  

 
	
  

 	
 141

 













	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 XI. Expanded Extended Loop (EEL)

 	
  

 	
  

 	
  

 
	
  

 
	
  

 	
  

 	
 Rates

 	
  

 
	
  

 	
  

 	
 Monthly

 Recurring

 	
  

 	
 Non-Recurring

 Normal

 	
  

 	
 Non-Recurring

 Expedite

 	
  

 
	
  

 	
  

 	

 


 	
  

 	

 


 	
  

 	

 


 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 EEL Loop Test Charges

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 DS0 Test Charges

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 2-Wire Analog Loop

 	
  

 	
 $

 	
 0.08

 	
  

 	
  

 	
 —

 	
  

 	
  

 	
 —

 	
  

 
	
 2-Wire Digital Loop

 	
  

 	
 $

 	
 0.09

 	
  

 	
  

 	
 —

 	
  

 	
  

 	
 —

 	
  

 
	
 4-Wire Analog Loop

 	
  

 	
 $

 	
 0.16

 	
  

 	
  

 	
 —

 	
  

 	
  

 	
 —

 	
  

 
	
 DS1 Test Charge

 	
  

 	
 $

 	
 0.61

 	
  

 	
  

 	
 —

 	
  

 	
  

 	
 —

 	
  

 
	
 DS3 Test Charge

 	
  

 	
 $

 	
 102.22

 	
  

 	
  

 	
 —

 	
  

 	
  

 	
 —

 	
  

 
	
 4-Wire DS0 56/64 Kbps Loop Test Charge

 	
  

 	
 $

 	
 0.18

 	
  

 	
  

 	
 —

 	
  

 	
  

 	
 —

 	
  

 






	
  

 	
  

 
	
  

 	
 142

 













	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 XII. Dark Fiber

 	
  

 	
  

 	
  

 
	
  

 
	
  

 	
  

 	
 Rates

 	
  

 
	
  

 	
  

 	
 Monthly

 Recurring

 	
  

 	
 Non-Recurring

 	
  

 
	
  

 	
  

 	

 


 	
  

 	

 


 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Dark Fiber - Records Review

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 266.23

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Dark Fiber – IOF

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Verizon C.O. to Verizon C.O.

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service Order

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 52.62

 	
  

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

 	
  

 	
 $

 	
 6.71

 	
  

 	
 $

 	
 37.59

 	
  

 
	
 IOF Mileage/Pair/Mile

 	
  

 	
 $

 	
 85.22

 	
  

 	
  

 	
 —

 	
  

 
	
 IOF Mileage Installation Charge/Pair

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 189.63

 	
  

 
	
 Expedited Handling Charge

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 128.85

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Verizon C.O. to CLEC C.O.

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service Order

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 52.62

 	
  

 
	
 SWC Charge/SWC/Pair

 	
  

 	
 $

 	
 6.71

 	
  

 	
 $

 	
 37.59

 	
  

 
	
 Channel Termination Charge/CLEC C.O.

 	
  

 	
 $

 	
 117.04

 	
  

 	
 $

 	
 332.71

 	
  

 
	
 Expedited Handling Charge

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 178.71

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Dark Fiber – Loop

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service Order

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 52.62

 	
  

 
	
 SWC Charge/SWC/Pair

 	
  

 	
 $

 	
 6.71

 	
  

 	
 $

 	
 34.00

 	
  

 
	
 Loop Charge/Pair:

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Rate Group A1

 	
  

 	
 $

 	
 156.91

 	
  

 	
 $

 	
 578.35

 	
  

 
	
 Rate Group A222

 	
  

 	
 $

 	
 161.21

 	
  

 	
 $

 	
 578.35

 	
  

 
	
 Rate Group B1

 	
  

 	
 $

 	
 264.62

 	
  

 	
 $

 	
 578.35

 	
  

 
	
 Rate Group B2

 	
  

 	
 $

 	
 206.67

 	
  

 	
 $

 	
 578.35

 	
  

 
	
 Expedited Handling Charge

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 259.89

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Time and Materials Charges

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Network Transport Engineering (“NTE”) Planning/Hour

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 44.56

 	
  

 
	
 NTE Design/Hour

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 44.56

 	
  

 
	
 NTE Technician/Hour

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 34.54

 	
  

 
	
 CO Technician/Hour

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 32.74

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Dark Fiber Sub-loop

 	
  

 	
  

 	
 TBD

 	
  

 	
  

 	
 TBD

 	
  

 






	
  

 	
  

 
	

 


 
	
 22

 	
 Rate Group A2 is modified to
 include the Hagerstown, Cumberland, and Salisbury exchanges.

 






	
  

 	
  

 
	
  

 	
 143

 













	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 XIII. Sub-loop @ FDI

 	
  

 	
  

 	
  

 
	
  

 
	
  

 	
  

 	
 Rates

 	
  

 
	
  

 	
  

 	
 Monthly

 Recurring

 	
  

 	
 Non-Recurring

 Normal

 	
  

 	
 Non-Recurring

 Expedite

 	
  

 
	
  

 	
  

 	

 


 	
  

 	

 


 	
  

 	

 


 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Sub-loop Two Wire

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 New-Initial

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service Order

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 7.69

 	
  

 	
 $

 	
 11.47

 	
  

 
	
 Installation Charge per initial sub-loop

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 119.98

 	
  

 	
 $

 	
 161.81

 	
  

 
	
 New-Additional (when
 ordered at same time as initial)

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Installation Charge per additional sub-loop

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 47.07

 	
  

 	
 $

 	
 63.50

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Loop Through-Initial

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service Order

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 7.69

 	
  

 	
 $

 	
 11.47

 	
  

 
	
 Installation Charge per initial sub-loop

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 233.51

 	
  

 	
 $

 	
 324.35

 	
  

 
	
 Loop Through-Additional (when
 ordered at same time as initial)

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Installation Charge per additional sub-loop

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 135.84

 	
  

 	
 $

 	
 190.25

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Two Wire Sub-loop – Distribution

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Rate Group A1

 	
  

 	
 $

 	
 7.09

 	
  

 	
  

 	
 —

 	
  

 	
  

 	
 —

 	
  

 
	
 Rate Group A223

 	
  

 	
 $

 	
 7.63

 	
  

 	
  

 	
 —

 	
  

 	
  

 	
 —

 	
  

 
	
 Rate Group B1

 	
  

 	
 $

 	
 21.61

 	
  

 	
  

 	
 —

 	
  

 	
  

 	
 —

 	
  

 
	
 Rate Group B2

 	
  

 	
 $

 	
 13.46

 	
  

 	
  

 	
 —

 	
  

 	
  

 	
 —

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Sub-loop Four Wire

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 New-Initial

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service Order

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 7.69

 	
  

 	
 $

 	
 11.47

 	
  

 
	
 Installation Charge per initial sub-loop

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 150.79

 	
  

 	
 $

 	
 203.36

 	
  

 
	
 New-Additional (when
 ordered at same time as initial)

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Installation Charge per additional sub-loop

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 59.93

 	
  

 	
 $

 	
 80.83

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Loop Through-Initial

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service Order

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 7.69

 	
  

 	
 $

 	
 11.47

 	
  

 
	
 Installation Charge per initial sub-loop

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 265.56

 	
  

 	
 $

 	
 367.61

 	
  

 
	
 Loop Through-Additional (when
 ordered at same time as initial)

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Installation Charge per additional sub-loop

 	
  

 	
  

 	
 —

 	
  

 	
 $

 	
 161.54

 	
  

 	
 $

 	
 226.18

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Four Wire Sub-loop – Distribution

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Rate Group A1

 	
  

 	
 $

 	
 12.20

 	
  

 	
  

 	
 —

 	
  

 	
  

 	
 —

 	
  

 
	
 Rate Group A224

 	
  

 	
 $

 	
 13.23

 	
  

 	
  

 	
 —

 	
  

 	
  

 	
 —

 	
  

 
	
 Rate Group B1

 	
  

 	
 $

 	
 41.15

 	
  

 	
  

 	
 —

 	
  

 	
  

 	
 —

 	
  

 
	
 Rate Group B2

 	
  

 	
 $

 	
 24.86

 	
  

 	
  

 	
 —

 	
  

 	
  

 	
 —

 	
  

 






	
  

 	
  

 
	
 

 
	
 23

 	
 Rate Group A2 is modified to
 include the Hagerstown, Cumberland, and Salisbury exchanges. 

 
	
 24

 	
 Rate Group A2 is modified to
 include the Hagerstown, Cumberland, and Salisbury exchanges. 

 






	
  

 	
  

 
	
  

 	
 144

 













	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service or
 Element Description:

 	
  

 	
 Recurring
 Charges:

 	
  

 	
 Non-Recurring Charges:

 
	

 


 	
  

 	

 


 	
  

 	

 


 
	
 XIV. Signaling
 and Databases

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 1. STP Port

 	
  

 	
  

 	
  

 	
  

 
	
 SS7 Interconnection

 	
  

 	
 $0.75/Month

 	
  

 	
 Normal:

 
	
  

 	
  

 	
  

 	
  

 	
 $52.62/Service Order

 
	
  

 	
  

 	
  

 	
  

 	
 $163.35/Installation

 
	
  

 	
  

 	
  

 	
  

 	
 Charge/Facility

 
	
  

 	
  

 	
  

 	
  

 	
 $6.62/Manual

 
	
  

 	
  

 	
  

 	
  

 	
 Surcharge

 
	
  

 	
  

 	
  

 	
  

 	
 Expedite:

 
	
  

 	
  

 	
  

 	
  

 	
 $78.45/Service Order

 
	
  

 	
  

 	
  

 	
  

 	
 $236.47/Installation

 
	
  

 	
  

 	
  

 	
  

 	
 Charge/Facility

 
	
  

 	
  

 	
  

 	
  

 	
 $9.87/Manual

 
	
  

 	
  

 	
  

 	
  

 	
 Surcharge

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 2. 800/888/877 Database

 	
  

 	
  

 	
  

 	
  

 
	
 Basic Query

 	
  

 	
 $.00082/Query

 	
  

 	
 Not Applicable

 
	
 Vertical Query

 	
  

 	
 $.000291/Query

 	
  

 	
 Not Applicable

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 3. LIDB Validation

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 LIDB Point Codes

 	
  

 	
 Not Applicable

 	
  

 	
 $88.46/Point Code

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Calling Card

 	
  

 	
 $.016352/Query

 	
  

 	
 Not Applicable

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Billed Number Screening

 	
  

 	
 $.016352/Query

 	
  

 	
 Not Applicable

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Storage of CLEC’s Data in LIDB Database

 	
  

 	
 Not Applicable

 	
  

 	
 $1,514.69 Service

 
	
  

 	
  

 	
  

 	
  

 	
 Establishment/Request

 






	
  

 	
  

 	
  

 
	
  

 	
 145

 	
  

 













	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service or
 Element Description:

 	
  

 	
 Recurring
 Charges:

 	
  

 	
 Non-Recurring Charges:

 
	

 


 	
  

 	

 


 	
  

 	

 


 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 4. AIN Service Creation (ASC) Service

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Developmental Charges

 	
  

 	
  

 	
  

 	
  

 
	
 Service Establishment

 	
  

 	
 Not Applicable

 	
  

 	
 $911.12/Request

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service Creation Access Port

 	
  

 	
 $105.78/Port/Month

 	
  

 	
 Not Applicable

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service Creation Usage

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 a. Remote Access

 	
  

 	
 $1,148.50 /Day

 	
  

 	
 Not Applicable

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 b. On-Premise

 	
  

 	
 $1,148.50/Day

 	
  

 	
 Not Applicable

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Certification & Testing

 	
  

 	
 $79.35/Hour

 	
  

 	
 Not Applicable

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Help Desk Support

 	
  

 	
 $83.98/Hour

 	
  

 	
 Not Applicable

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service Charges

 	
  

 	
  

 	
  

 	
  

 
	
 Subscription Charge

 	
  

 	
 $3.29/Month

 	
  

 	
 Not Applicable

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Database Queries

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 a. Network Query

 	
  

 	
 $.0006/Query

 	
  

 	
 Not Applicable

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 b. CLEC Network Query

 	
  

 	
 $.0006/Query

 	
  

 	
 Not Applicable

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 c. CLEC Switch Query

 	
  

 	
 $.0006/Query

 	
  

 	
 Not Applicable

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Trigger Charge

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 a. Line Based

 	
  

 	
 $.00063/Query

 	
  

 	
 Not Applicable

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 b. Office Based

 	
  

 	
 $.00063/Query

 	
  

 	
 Not Applicable

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Utilization Element

 	
  

 	
 $.00025/ACU

 	
  

 	
 Not Applicable

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service Activation Charge

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 a. Network Service Activation

 	
  

 	
 Not Applicable

 	
  

 	
 $13.19/Service

 
	
  

 	
  

 	
  

 	
  

 	
 Activated/Line

 
	
 b. CLEC Network Service Activation

 	
  

 	
 Not Applicable

 	
  

 	
 $13.19/Service

 
	
  

 	
  

 	
  

 	
  

 	
 Activated/Line

 
	
 c. CLEC Switch Service Activation

 	
  

 	
 Not Applicable

 	
  

 	
 $13.19/Service

 
	
  

 	
  

 	
  

 	
  

 	
 Activated /Line

 
	
 Service Modification

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 DTMF Update

 	
  

 	
 $.07/Occurrence

 	
  

 	
 Not Applicable

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Switch Based Announcement

 	
  

 	
 $.003/ Announcement

 	
  

 	
 Not Applicable

 






	
  

 	
  

 	
  

 
	
  

 	
 146

 	
  

 













	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service or
 Element Description:

 	
  

 	
 Recurring
 Charges:

 	
  

 	
 Non-Recurring Charges:

 
	

 


 	
  

 	

 


 	
  

 	

 


 
	
 XV. Network
 Interface Device

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 2 Wire Stand Alone

 	
  

 	
 $.56/mo

 	
  

 	
 Not Applicable 

 
	
 4 Wire Stand Alone

 	
  

 	
 $.56/mo

 	
  

 	
  

 
	
 Standalone DS1 NID

 	
  

 	
 $5.80/Month

 	
  

 	
 Normal: 

 
	
  

 	
  

 	
  

 	
  

 	
 $7.69/Service Order 

 
	
  

 	
  

 	
  

 	
  

 	
 $51.16/Installation 

 
	
  

 	
  

 	
  

 	
  

 	
 $14.98/Manual 

 
	
  

 	
  

 	
  

 	
  

 	
 Surcharge 

 
	
  

 	
  

 	
  

 	
  

 	
 Expedite: 

 
	
  

 	
  

 	
  

 	
  

 	
 $11.47/Service Order 

 
	
  

 	
  

 	
  

 	
  

 	
 $68.99/Installation 

 
	
  

 	
  

 	
  

 	
  

 	
 $22.34/Manual 

 
	
  

 	
  

 	
  

 	
  

 	
 Surcharge 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Shared NID

 	
  

 	
 TBD

 	
  

 	
  

 






	
  

 	
  

 	
  

 
	
  

 	
 147

 	
  

 













	
  

 	
  

 	
  

 	
  

 	
  

 
	
 C. RESALE25

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 I. Wholesale
 Discount for Resale of Retail Telecommunications Services26

 
	
 Resale
 of retail telecommunications services as 19.87% per Commission Order in case
 8731, dated November 8, 1996. Assumes
 CLEC will provide own operator and directory assistance services.

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 







25 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.  


26       Excludes
telecommunications services designed primarily for wholesale, such as switched
and special exchange access service, and, subject to the Resale Attachment, the
following additional arrangements that are not subject to resale: limited
duration (90 days or less)
promotional offerings, public coin telephone service, and technical and market
trials. Taxes shall be collected and remitted by the reseller and Verizon in
accordance with legal requirements and as agreed between the Parties.
Surcharges (e.g., 911, telecommunications relay service, universal service
fund) shall be collected by the reseller and either remitted to the recipient
agency or NECA, or passed through to Verizon for remittance to the recipient
agency or NECA, as appropriate and agreed between the Parties. End user common
line charges shall be collected by the reseller and remitted to Verizon. 


	
  

 	
  

 	
  

 
	
  

 	
 148

 	
  

 













	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service or
 Element Description:

 	
  

 	
 Recurring
 Charges:

 	
  

 	
 Non-Recurring Charges:

 
	

 


 	
  

 	

 


 	
  

 	

 


 
	
 D. OPERATIONS
 SUPPORT SYSTEM

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 1. Pre-Ordering

 	
  

 	
 $.26/Query

 	
  

 	
 Not Applicable

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 2. Ordering

 	
  

 	
 $4.22/Transaction

 	
  

 	
 Not Applicable

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 3. Provisioning

 	
  

 	
 Included in Ordering

 	
  

 	
 Not Applicable

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 4. Maintenance & Repair

 	
  

 	
  

 	
  

 	
  

 
	
 a. ECG Access

 	
  

 	
 $.26/Query

 	
  

 	
 Not Applicable

 
	
 b. EB/OSI Access

 	
  

 	
 $1.20/Trouble Ticket

 	
  

 	
 Not Applicable

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 5. Billing

 	
  

 	
  

 	
  

 	
  

 
	
 a. CD-ROM

 	
  

 	
 $254.11/CD-ROM

 	
  

 	
 Not Applicable

 
	
  

 	
  

 	
 /Month

 	
  

 	
  

 
	
 b. Daily Usage File

 	
  

 	
  

 	
  

 	
  

 
	
 b.1. Existing Message Recording

 	
  

 	
 $.000267/Message

 	
  

 	
 Not Applicable

 
	
 b.2. Delivery of DUF

 	
  

 	
  

 	
  

 	
  

 
	
 Data Tape

 	
  

 	
 $21.46/Tape

 	
  

 	
 $63.27/Programming Hour

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Network Data Mover

 	
  

 	
 $.000096/Message

 	
  

 	
 Not Applicable

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 CMDS

 	
  

 	
 $.000096/Message

 	
  

 	
 $63.27/Programming Hour

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 c. DUF Transport

 	
  

 	
  

 	
  

 	
  

 
	
 9.6 kb Communications Port

 	
  

 	
 $10.56/Month

 	
  

 	
 $7,416.65/Port

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 56 kb Communications Port

 	
  

 	
 $29.15/Month

 	
  

 	
 $30,717.61/Port

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 256 kb Communications Port

 	
  

 	
 $29.15/Month

 	
  

 	
 $51,094.01/Port

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 T1 Communications Port

 	
  

 	
 $370.26/Month

 	
  

 	
 $182,318.17/Port

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Line Installation

 	
  

 	
 Not Applicable

 	
  

 	
 $63.27/Programming Hour

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Port Set-up

 	
  

 	
 Not Applicable

 	
  

 	
 $10.16/Port

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Network Control Programming Coding

 	
  

 	
 Not Applicable

 	
  

 	
 $63.27/Programming Hour

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 B. E. 911/E911

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Transport

 	
  

 	
  

 	
  

 	
 Per section B above

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Data Entry and Maintenance

 	
  

 	
  

 	
  

 	
 No Charge

 






	
  

 	
  

 	
  

 
	
  

 	
 149

 	
  

 













	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service or
 Element Description:

 	
  

 	
 Recurring
 Charges:

 	
  

 	
 Non-Recurring Charges:

 
	

 


 	
  

 	

 


 	
  

 	

 


 
	
 F. Time and
 Materials

 	
  

 	
  

 	
  

 	
  

 
	
 Service Technician (service work on unbundled

 	
  

 	
 Not Applicable

 	
  

 	
 $1.20/Service Order

 
	
 loops outside of the Central Office)

 	
  

 	
  

 	
  

 	
 $25.18/Premises Visit

 
	
  

 	
  

 	
  

 	
  

 	
 $10.61 Labor Charge/

 
	
  

 	
  

 	
  

 	
  

 	
 Quarter Hour After First

 
	
  

 	
  

 	
  

 	
  

 	
 Quarter Hour

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Special Construction

 	
  

 	
 As applicable per Verizon-MD
 Tariff 203 sec. 2 as amended from time to time

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Central Office Technician

 	
  

 	
 Not Applicable

 	
  

 	
 $1.20/Service Order

 
	
  

 	
  

 	
  

 	
  

 	
 $25.18/Premises Visit

 
	
  

 	
  

 	
  

 	
  

 	
 $10.33 Labor Charge/

 
	
  

 	
  

 	
  

 	
  

 	
 Quarter Hour After First

 
	
  

 	
  

 	
  

 	
  

 	
 Quarter Hour

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 G. Directory
 Listings & Books

 	
  

 	
  

 	
  

 	
  

 
	
 Primary Listings

 	
  

 	
  

 	
  

 	
  

 
	
 Additional Tariffed Listing Services

 	
  

 	
 $.29/Month/primary listing or a
 $5.00 one time charge/primary listing, at Excel’s option Per applicable
 Tariff (including, but not limited to, Verizon-MD Tariff P.S.C-MD-No. 203
 sec. 4 as amended from time to time. Retail rates less wholesale discount
 No
 charge for normal numbers of books delivered to end users; bulk deliveries to
 CLEC per separate arrangement

 
	
  

 	
  

 
	
 Books & delivery (annual home area directories only)

 	
  

 
	
  

 	
  

 






	
  

 	
  

 	
  

 
	
  

 	
 150

 	
  

 









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 Excel 

 
	
  

 	
  

 
	
 1.

 	
 Single-tiered interconnection
 structure: 

 
	
  

 	
  

 
	
  

 	
  

 	
 Excel’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 Excel to the
 Verizon Tandem for most recent billed quarter.

 
	
  

 	
  

 	
  

 
	
  

 	
  

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

 
	
  

 	
  

 	
  

 
	
  

 	
  

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

 
	
  

 	
  

 	
  

 
	
  

 	
 Excel Charge at the Excel-IP =

 
	
  

 	
  

 
	
  

 	
  

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

 
	
  

 	
  

 	
 Total Minutes

 
	
  

 	
  

 
	
  

 	
 For the first year after the
 Effective Date, the Excel 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 Excel to any carrier) 

 
	
  

 	
  

 
	
  

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

 
	
  

 	
  

 
	
  

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

 
	
  

 	
  

 
	
 C.

 	
 Miscellaneous Notes 

 
	
  

 	
  

 
	
 1.

 	
 The Excel 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
 Excel-IP within each LATA that is reciprocal and equal to the actual rates
 that will be charged by Verizon to Excel 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 Excel
 termination rate is also intended to provide financial incentives to Excel to
 deliver traffic directly to Verizon’s terminating End Offices once Excel’s
 traffic volumes reach an appropriate threshold. 

 






	
  

 	
  

 	
  

 
	
  

 	
 151