3. ODerations Matters.

Transcription

1 are LNP capable is located on the VALOR website, In those exchanges where LNP is available, INP shall not be available. Where there is LNP, then INP is eliminated The Parties agree that all INP accounts will be converted to LNP within a reasonable period of time after a Bona Fide Request ( BFR ) to convert specific VALOR wire centers to LNP capable has been received New requests for INP will not be allowed in a switch once LNP has been deployed in that switch When NTS ports a telephone number to a(an) NTS switch, NTS will order meet point trunks to the access tandem which the NPNNXX of the ported number subtends for terminating feature group D switched access traffic, as shown in the LERG. Local Number Portability must occur within a rate center. Orders to port numbers across rate centers will be rejected. 2.7 Meet-Point Billing C MPB ). 3. ODerations Matters. The Parties may mutually establish MPB arrangements in order to provide Switched Access Services to Access Service Customers via a VALOR access tandem in accordance with the MPB guidelines adopted by and contained in the Ordering and Billing Forum s MECAB and MECOD documents. 3.1 Service Orderinq. NTS initiates orders to establish, add, change or disconnect trunk-side interconnection services by sending an ASR to VALOR. NTS should submit ASRs to VALOR through fax or . NTS will order services for INP and LNP by sending a LSR to VALOR. The ordering process will be described in the VALOR CLEC Support Services Guide once it is completed. The ASR and/or LSR will be reviewed by VALOR for validation and correction of errors. Errors will be referred back to NTS. NTS will correct any errors that VALOR has identified and resubmit the request to VALOR through a subsequent ASWLSR. 3.2 Trunk Provisioning Trunk Connections. Traffic exchange arrangement trunk connections shall be made at a DSI or multiple DS1 level, DS3, or where technically available, Synchronous Optical Network ( SONET ), and shall be jointly-engineered to the appropriate industry grade of service standard Grooming. NTS and VALOR agree to use diligent efforts to develop and agree on a Joint Interconnection Grooming Plan prescribing standards to ensure that the traffic exchange arrangement trunk groups are maintained at the appropriate industry grades of service standard. Such plan shall also include mutually agreed upon default standards for the configuration of all segregated trunk groups Sinnaling. Signaling System 7 ( SS7 ) Common Channel Signaling will be used to the extent that such technology is available. If SS7 is not available, Multi- Frequency Signaling ( MF) will be used as specified. Interconnection - 4

2 3.2.4 ESF Facilities. The Parties agree to offer and provide to each other B8ZS Extended Superframe Format ( ESF) facilities, where available, capable of voice and data traffic transmission kbps Channel. The Parties will support intercompany 64kbps clear channel where available. 3.3 Trunk Forecasting Joint Forecasting. The Parties will develop joint forecasting of trunk groups in accordance with Article II, Section 3.4. Intercompany forecast information must be provided by the Parties to each other twice a year. The semi-annual forecasts will include: yearly forecasted trunk quantities for no less than a two-year period (current year, plus one year); and the use of: (i) CLCb MSG codes, which are described in Telcordia Technologies document BR ; (ii) circuit identifier codes as described in BR ; and (iii) Trunk Group Serial Number ( TGSN ) as described in BR Maior Network Proiects. Description of major network projects that affect the other Party will be provided with the semi-annual forecasts provided pursuant to Section Major network projects include but are not limited to trunking or network rearrangements, shifts in anticipated traffic patterns, or other activities by either Party that are reflected by a significant increase or decrease in trunking demand for the following forecasting period. 3.4 Network Redesiuns Initiated bv VALOR. VALOR will not charge NTS when VALOR initiates its own network redesigns/ reconf igurations. 3.5 Routing Points. When NTS submits an ASR requesting trunks for the exchange of NTS traffic, the ASR must reflect the NPA/NXX(s) associated with the trunks being ordered. Unless specified on the Additional NXX Code Opening form, subsequent NXXs of NTS will be routed in the same manner as the initial NXXs. 3.6 Common Channel Signaling Service Description. The Parties will provide Common Channel Signaling ( CCS) to one another via SS7 network interconnection, where and as available, in the manner specified in FCC Order , in conjunction with all traffic exchange trunk groups. SS7 signaling and SS7 trunk transport services shall be provided by VALOR in accordance with the terms and conditions of this Section 3.6. The Parties will cooperate on the exchange of all appropriate SS7 messages for local and IntralATA call set-up signaling, including ISDN User Part ( ISUP) and Transaction Capabilities Application Part ( TCAP) messages to facilitate full interoperability of all CLASS Features and functions between their respective networks. Any other SS7 message services to be provided using TCAP messages (such as database queries) will be jointly negotiated and agreed upon. Interconnection - 5

3 Sinnalinu Parameters. All SS7 signaling parameters will be provided in conjunction with traffic exchange trunk groups, where and as available. These parameters include Automatic Number Identification ( ANI ), Calling Party Number ( CPN), Privacy Indicator, calling party category information, originating line information, charge number, etc. Also included are all parameters relating to network signaling information, such as Carrier Information Parameter ( CIP), wherever such information is needed for call routing or billing. VALOR will provide SS7 via GR-394-SS7 and/or GR-317-SS7 format(s). Privacv Indicators. Each Party will honor all privacy indicators as required under applicable law. Connection Through Sinnal Transfer Point!,,STP). VALOR uses a third party to provide STPs. Therefore, NTS must utilize a third party to interconnect with VALOR s third party STP(s) serving the LATA in which the traffic exchange trunk groups are interconnected. Additionally, all interconnection to VALOR s third party s Toll Free database and VALOR s third party s Line Information Data Base ( LIDW) shall, consistent with this Section, take place only through appropriate STP pairs. Third Partv Siunalina Providers. NTS may choose a third-party SS7 signaling provider to transport messages to and from the VALOR SS7 network. In that event, that third party provider must present a letter of agency to VALOR, prior to the testing of the interconnection, authorizing the third party to act on behalf of NTS in transporting SS7 messages to and from VALOR. The third-party provider must interconnect with the VALOR third party s STP(s) serving the LATA in which the traffic exchange trunk groups are interconnected. MultiFrequencv Signaling. In the case where CCS is not available, in band Multi- Frequency ( MF ), wink start, or E & M channel associated signaling with ANI will be provided by the Parties. Network signaling information, such as ClC/OZZ, will be provided wherever such information is needed for call routing or billing. 3.7 Network Manauement Controls. Each Party shall provide a 24-hour contact number for Network Traffic Management issues to the other s network surveillance management center. A fax number must also be provided to facilitate event notifications for planned mass calling events. Additionally, both Parties agree that they shall work cooperatively that all such events shall attempt to be conducted in such a manner as to avoid degradation or loss of service to other Customers. Each Party shall maintain the capability of respectively implementing basic protective controls such as Cancel To and Call Gap. 4. TechnicaVRequlatory Requirements and Restrictions. 4.1 Interconnection Calling Scopes. 4.1.I VALOR Local Tandem Interconnection calling scope (terminating usage from NTS) is to those VALOR end offices which subtend the VALOR Local Tandem to which the connection for local calling is made VALOR End Office Interconnection calling scope (terminating usage from NTS) is only to the end office and its remotes to which the connection is made. Interconnection - 6 NTS FINALTX INTERCONNECTION UNE AGREEMENT OCT DOC

4 4.2 Number Resources Number Assignment. Nothing in this Agreement shall be construed to, in any manner, limit or otherwise adversely impact NTS right to employ or to request and be assigned any North American Numbering Plan ( NANP) number resources including, but not limited to, Central Office (N)OO Codes pursuant to the Central Off ice Code Assignment Guidelines. Any request for numbering resources by NTS shall be made directly to the NANP Number Plan Administrator. VALOR shall not be responsible for the requesting or assignment of number resources to NTS. The Parties agree that disputes arising from numbering assignment shall be resolved by the NANP Number Plan Administrator. NTS shall not request number resources to be assigned to any VALOR switching entity Numbering/Dialina Arrangement Chanaes. Each Party shall be responsible for notifying its Customers of any changes in numbering or dialing arrangements to include changes such as the introduction of new NPAs or new NXX codes. Each Party is responsible for administering NXX codes assigned to it. 4.3 Rate Centers. For purposes of compensation between the Parties and the ability of the Parties to appropriately apply their toll rates to their end user Customers, NTS shall adopt the Rate Center areas and Rate Center points that the Commission has approved for the ILECs and shall assign whole NPA-NXX codes to each Rate Center within which NTS is providing Local Exchange Service. Nothing in this paragraph affects NTS right to create or define its own local calling scope. 4.4 Code and Numbers Administration. The Parties will comply with code administration requirements as prescribed by the FCC, the Commission, and accepted industry guidelines. 4.5 Proqrammina Switches. 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 Local Exchange Routing Guide ( LERG ) to recognize and route traffic to the other Party s assigned NXX codes. Neither Party shall impose any fees or charges whatsoever on the other Party for such activities. 4.6 Maintenance of Tariffs. 5. Financial Matters. NTS and VALOR will use diligent efforts, individually and collectively, to maintain provisions in their respective federal and state access tariffs, and/or provisions within the National Exchange Carrier Association ( NECA) Tariff No. 4, or any successor tariff, sufficient to reflect any Meet-Point Billing arrangement between the Parties entered into pursuant to this Agreement, including MPB percentages. 5.1 Rates and Charaes. The receiving Party agrees to pay to providing Party the rates and charges for the Services described in the applicable Appendices to this Attachment, which constitutes Interconnection - 7

5 part of this Agreement. As stated in FCC Order , ISP traffic is interstate traffic and is subject to Bill and Keep. Rates and charges for transport and termination of Local Traffic are set forth in Appendix A of this Attachment and made a part of this Agreement. Rates and charges for INP using RCF are set forth in Appendix B of this Attachment and made a part of this Agreement. 5.2 Billinq. 5.3 Taxes, The providing Party shall render to receiving Party a bill for interconnection services on a current basis. Charges for physical facilities and other non-usage sensitive charges shall be billed in advance, except for charges and credits associated with the initial or final bills. Usage sensitive charges, such as charges for termination of Local Traffic, shall be billed in arrears. Article II, Section 4.4 is incorporated into this attachment. 5.4 Billing Specifications. The Parties agree that billing requirements and outputs will be consistent with Telcordia Technologies Billing Output Specifications ( 80s) Usage measurement for calls shall begin when Answer Supervision or equivalent SS7 message is received from the terminating office and shall end at the time of call disconnect by the calling or called customer, whichever occurs first Minutes of use (HMOU ), or fractions thereof, shall not be rounded upward on a per-call basis, but will be accumulated over the billing period. At the end of the billing period, any remaining fraction shall be rounded up to the nearest whole minute to arrive at total billable minutes for each interconnection. MOU shall be collected and measured in minutes, seconds, and tenths of seconds. 5.5 Compensation For Exchanae Of Traffic Mutual Compensation. The Parties shall compensate each other for the exchange of Local Traffic originated by or terminating to the Parties Customers in accordance with Section following at rates listed in Appendix A. Charges for the transport and termination of optional EAS, Non-IXC IntraLATA Toll and interexchange traffic shall be in accordance with the Parties respective intrastate or interstate access tariffs or price lists, as appropriate. In no event shall NTS rates exceed VALOR S tariffed rates. Compensation for the exchange of Virtual NXX Traffic will be in accordance with Section 5.6 of this Attachment PLU Factors. NTS agrees that the PLU Factors will not apply as long as NTS uses separate dedicated facilities. If VALOR finds that local, as well as optional EAS, Non-IXC IntraLATA Toll and interexchange traffic is utilizing the same trunks, then VALOR will notify NTS (and NTS agrees) that the PLU Factors established in Appendix A, 1.6 PLU Factors will apply. When NTS receives notice from Valor, as identified above, NTS and VALOR will provide Percent Local Usage ( PLU ) factors to each other on a semi-annual basis to identify the proper percent of Local Traffic carried on interconnection trunks. PLUS shall be reported in whole numbers only and are used to determine the local traffic usage on a direct trunk facility that is subject to the rates and terms of this Agreement. If either Party does not provide to the other Party an updated PLU, the previous Interconnection - 8

6 PLU will be utilized. The Parties agree to the initial PLU factor as set forth in Appendix A Bill-and-Keep. The Parties shall assume that Local Traffic that is terminated to the Parties Customers is balanced between the Parties unless traffic studies indicate that either Party is terminating more than fifty-five (55) percent of the Parties combined total terminated minutes for Local Traffic. Accordingly, the Parties agree to implement Bill and Keep with respect to termination of Local Traffic. Internet traffic is not local traffic, and the Parties do not have a preexisting agreement with respect to the Internet traffic and, therefore, in accordance with FCC Order , such traffic is subject to Bill and Keep. The Parties agree that any subsequent decisions entered or rules promulgated by the FCC shall control both the jurisdictional designation and compensation requirements for Internet traffic. Either Party may report, pursuant to Article 111, Section 5.11, that traffic studies indicate, in the aggregate, that either Party is terminating more than fifty-five (55) percent of the Parties total terminated minutes for Local Traffic. Unless such traffic is presumed to be ISP traffic, upon such notification, mutual compensation will commence on a going forward basis pursuant to the rates set forth in Appendix A and following such notice it shall begin and continue for the duration of the Term of this Agreement unless otherwise agreed. Nothing in Section 5.5 shall be interpreted to (i) change compensation set forth in this Agreement for traffic or services other than reciprocal compensation for Local Traffic, including but not limited to internetwork facilities, access traffic or wireless traffic, transit traffic compensated for under Appendix A, Section 1.2 or (ii) allow either Party to aggregate traffic other than Local Traffic for the purpose of compensation under the Bill-and-Keep arrangement described in this Section. 5.6 Virtual NXX Traffic. Compensation for the exchange of Virtual NXX Traffic shall be pursuant to the terms of this Section. All Virtual N>O( Traffic, whether ISP, voice, or data is interexchange traffic subject to compensation under VALOR s intrastate access tariffs for switched usage. The Parties shall exchange Virtual NXX Traffic over separate dedicated trunks. NTS may request that VALOR provide dedicated transport facilities to exchange Virtual NXX Traffic by sending VALOR an ASR for the requested facilities and services, and to the extent VALOR has available facilities, VALOR will provide such facilities and services pursuant to VALOR s intrastate special access tariff. NTS may in the alternative provide its own dedicated facilities to the VALOR central office or lease such facilities from a third party. 5.7 Third-party Providers. The Parties agree to enter into their own agreements with third-party providers. In the event that NTS sends traffic through VALOR s network to a third-party provider with whom NTS does not have a traffic interexchange agreement, then NTS agrees to indemnify VALOR for any termination charges rendered by a third-party provider for such traffic. 5.8 Provision of Internetwork Connectincl Facilities. Each Party is financially responsible for providing the dedicated facilities between its network and the IP where the traffic is to be terminated. Either Party may lease their dedicated facilities from the other Party or from a third Party if they choose. Interconnection - 9

7 5.9 Meet-Point Billing ( MPBn) and Exchange Access Service ( EAS) Billing. As detailed in the MECAB document, NTS and VALOR may exchange all information necessary to accurately, reliably and promptly render a bill for usage between a VALOR access tandem and NTS. Information would be exchanged in Exchange Message Interface ( EMI ) format, on magnetic tape or via a mutually acceptable Electronic File Transfer protocol. If the billing information is not provided, VALOR has the right to terminate the MPB arrangement Compensation. Billing to Access Service Customers for the Switched Access Services jointly provided by NTS and VALOR via the MPB arrangement shall be according to the multiple-bill method as described in the MECAB guidelines. This means each Party will bill the Access Service Customer for the portion of service it provided at the appropriate tariff, or price list Database. Meet-Point Billing may only be performed when all National Exchange Carrier Association ( NECK) databases (FCC Tariff 4) have been updated by NTS. Interconnection - 10

8 APPENDIX A TO THE INTERCONNECTION ATTACHMENT RATES AND CHARGES FOR TRANSPORT AND TERMINATION OF TRAFFIC 1. General. The rates contained in this Appendix A are the rates as defined in the Interconnection Attachment and are subject to change resulting from future Commission or other proceedings, or any appeal or other litigation Local Traffic Reciprocal Compensation. The Parties will reciprocally and symmetrically charge the following rates for the transport and termination of Local Traffic. For all Local Traffic: Delivered indirectly over the network of a third party LEC or otherwise using VALOR transport facilities and terminated on the network of either NTS or VALOR, the Party originating the Local Traffic shall pay the Party terminating the Local Traffic the following interim reciprocal and symmetrical rate: $ /minute of use Exchanged over a direct connection to a VALOR tandem and terminated on the network of either NTS or VALOR, the Party originating the Local Traffic shall pay the Party terminating the Local Traffic the following reciprocal and symmetrical rate: $ /per minute of use Exchanged over a direct connection to a VALOR End Office and terminated on the network of either NTS or VALOR, the Party originating the Local Traffic shall pay the Party terminating the Local Traffic the following interim reciprocal.and symmetrical rate: $ /minute of use See Interconnection Attachment Sections 2.3 and 5.7, and Appendix A, Section 1.4 for Internetwork Facility charges Transit Traffic. VALOR will be compensated for Transit Traffic originated by NTS that is tandem switched by VALOR, passed through VALOR facilities and terminated to another VALOR exchange other than the exchange where interconnection is made including a VALOR exchange under ELC or to another carrier (ILEC, CLEC or wireless), at the following rate: $0.0095/minute of use Measurement of Traffic. Each Party will be responsible for measuring the monthly Traffic, measured by minutes of use, terminating into its network. Each Party will only charge the other Party for actual conversation minutes of use based on call party answer to call party disconnect. Minutes of use and/or fractions thereof will be aggregated at the end of the billing cycle and rounded to the nearest whole minute. The Patty collecting revenues shall be responsible for collecting, reporting and remitting all applicable taxes associated therewith. Interconnection Appendix A - 1

9 1.4.1 Where NTS has a wire center or equivalent facility located within the VALOR exchange, the Internetwork Facility charges for direct connection to a VALOR Tandem or a VALOR End Office or the exchange of Local Traffic between VALOR and the wire center or equivalent facility, pursuant to this Agreement are as follows: Non-recurring Charge per T1 $ Monthly Recurring Charge per T1 $ The provisioning Party will bill the other Party the non-recurring and monthly recurring charges less an amount equal to the percentage of switched Local Traffic, non-optional EAS traffic and Non-IXC IntralATA Toll traffic that the provisioning Party originates and transports over the Internetwork Facility compared to the total switched Local Traffic, non-optional EAS traffic, Non-IXC IntraLATA Toll and ESP/ISP traffic transported over the Internetwork Facility ( Facility Percentage ). The initial Proportionate Use for each Party is pursuant to Section 1.6 of this Appendix. These percentages may be modified upon either Party providing evidence that a different Facility Percentage is appropriate. This provision is not applicable where there is a collocation or access to unbundled elements Where NTS wire center or equivalent facility is located outside the VALOR exchange and NTS desires to lease facilities from the IP located at VALOR s End Office or Tandem to NTS wire center or equivalent facility, NTS may request that VALOR provide dedicated transport facilities to exchange traffic by sending VALOR an ASR for the requested facilities and services, and to the extent VALOR has available facilities, VALOR will provide such facilities and services pursuant to VALOR s intrastate special access tariff. Such facilities will be billed to NTS as access pursuant to VALOR s intrastate access tariff. A reciprocal compensation Facility Percentage will not apply. 1.5 Non-IXC IntraIATA Toll Traffic. Non-IXC IntraLATA Toll Traffic is traffic between two exchanges that do not have a local calling scope per VALOR s tariff and is subject to VALOR s intrastate access charges per a separate Toll Termination Agreement. 1.6 PLU Factors: Initial PLU 100% If the PLU is less than loo%, the percentage that is Local Traffic shall be multiplied against the total minutes of use originated by NTS over the Internetwork Facilities to determine the local usage to be billed under this Agreement. Those minutes of use that are deemed not local shall be compensated under a separate Toll Termination Agreement Initial Proportionate Share Factor 50% Interconnection Appendix A - 2 NTS FINALTX INTERCONNECTION UNE AGREEMENT OCT DOC

10 1.7 Non-recurrinn Charges: Ordering and Provisioning Initial Service Charge (applies if one way trunks are provisioned) $ Change Service Order $ Subsequent Service Order $ Repair and Testing, per technician Custom Handling First half hour or fraction thereof $ Each additional half hour or fraction thereof $ Service Order Expedite $ Coordinated Conversions $ Hot Coordinated Conversion First Hour $ Hot Coordinated Conversion per Additional Quarter Hour $ 5.81 The definitions of the above services are located in Appendix 6 to the Interconnection Attachment Rates and Charges for Number Portability Using RCF. Interconnection Appendix A - 3

11 APPENDIX B TO THE INTERCONNECTION AlTACHMENT RATES AND CHARGES FOR NUMBER PORTABILITY General. The rates contained in this Appendix B are as defined in the Interconnection Attachment, and are subject to change resulting from future Commission or other proceedings, the establishment of a competitively neutral universal service system, or any appeal or other litigation. Interim Number Portability Remote Call Forwarding per number forwarded $ line/month Non-Recurring Charges ( NRCs ) for Number Portabllity Pre-ordering CLEC Account Establishment Per CLEC End User Record Search Ordering and Provisioning Initial Service Order Change Service Order Subsequent Service Order Repair and Testing, per technician First half hour or fraction thereof Each additional half hour or fraction thereof oo Custom Handling (Applicable to both INP and LNP) Service Order Expedite Coordinated Conversions Hot Coordinated Conversion First Hour Hot Coordinated Conversion per Additional Quarter Hour Premises Visit Charge Application of NRCs Pre-ordering : CLEC Account Establishment is a one-time charge applied the first time that NTS orders any service from this Agreement. End User Record Search applies when NTS requests a Customer service record search prior to account conversion from VALOR or from another CLEC. VALOR shall not conduct an end user record search after the account conversion. An end user record search typically is for basic account information, listing/directory information, service and equipment listing, and billing information. The nonrecurring charge for an end user record search is applied on a per requested loop basis and/or port basis. Ordering and Provisioning: Initial Service Order ( ISO ) applies per Local Service Request ( LSR) or Access Service Request ( ASR ). Interconnection Appendix 6-1 ko

12 Change Service Order ( CSO) applies each time NTS makes a change to an order that has already been received, implemented and completed by VALOR. Repair and Testing applies per half hour for testing and repair of interconnection elements in service where no trouble is found in VALOR S network. Central Office Connect - applies in addition to the IS0 when physical installation is required at the central office for new service only. Custom Handling Service Order Expedite (Engineered or Non-Engineered) - Applies if CLEC requests service prior to the standard due date intervals. Coordinated Conversion - Applies if CLEC requests notification and coordination of service cutover prior to the service becoming effective. Hot Coordinated Conversion First Hour - Applies if CLEC requests real-time coordination of a service cut-over that takes one hour or less. Hot Coordinated Conversion Per Additional Quarter Hour - Applies, in addition to the Hot Coordinated Conversion First Hour, for every 15-minute segment of real-time coordination of a service cut-over that takes more than one hour Premises Visit Charge - will apply if VALOR is dispatched by NTS on a trouble call and no trouble is found in VALOR S network from the Central Office to the end user s premises network interface device. Interconnection Appendix B - 2

13 APPENDIX C TO THE INTERCONNECTION A7TACHMENT SERVICE LOCATIONS FOR VALOR/NTS INTERCONNECTION VALOR VALOR NTS NTS End Office TYPE OF Tandem End Office Tandem CLLl Code CONNECTION CLLl code CLLl Code CLLl Code Interconnection Appendix C - 1 NTS FINALTX INTERCONNECTION UNE AGREEMENT OCT DOC 6

14 UNBUNDLED NETWORK ELEMENTS ( UNEs ) ATTACHMENT 1. General. This Unbundled Network Elements ( UNEs ) Attachment (the Attachment ), together with Articles I, I1 and 111 (the Agreement ), sets forth the terms and conditions under which VALOR will provide UNEs to NTS pursuant to this Agreement. Unless otherwise specified in this Attachment, the ordering, provisioning, billing and maintenance of UNE offerings will be governed by the VALOR CLEC Support Services Guide found on VALOR s website ( VALOR will provide UNE offerings pursuant to this Attachment only to the extent they are Currently Available in VALOR s network and on a first come, first serve basis. VALOR will offer UNEs only on currently existing facilities. As stated in FCC Order , Internet service provider ( ISP) traffic is interstate traffic and subject to Bill and Keep. VALOR will not accept UNE orders that require the construction of new facilities. Notwithstanding anything to the contrary in this Agreement, the Parties do not waive, and hereby expressly reserve, their rights to challenge the legality and/or propriety of any FCC rulings. The Parties understand that both industry and VALOR standards and processes applicable to UNEs, including, without limitation, loop qualification, ordering, provisioning, OSS interfaces and other facets of OSS, are still being developed. Accordingly, the Parties agree to cooperate in any reasonable arrangement designed to facilitate the development of such standards and processes, and to document the same for purposes of this Agreement, as necessary and appropriate. The UNEs hereunder shall only be made available and shall only be used, for the provision of Telecommunication Service, as that term is defined by the Telecommunications Act of 1996 (the Act ). To the extent NTS orders an unbundled network element, and facilties to support the order are not existing and available, VALOR will send NTS a rejection notice canceling the order. VALOR will, in accordance with FCC requirements, make routine network modifications to its existing network. Routine network modifications are those modifications to VALOR s existing network that VALOR regularly performs on behalf of its own retail customers. Examples of routine network modifications include but are not limited to the following: rearranging or splicing cable, adding a doubler or repeater, adding a smart jack, adding a line card, and reconfiguring an existing multiplexer, and attaching electronic and other equipment that VALOR ordinarily attaches to a DSI loop to activate such loop for its own retail customers. Routine network modifications also include but are not limited to activities such as access to manholes, deploying bucket trucks to reach aerial cable, and installing equipment casings. Routine network modifications are subject to any applicable nonrecurring and recurring charges contained in Attachment A. A routine network modification does not include construction of new wires (i.e., installation of new aerial or buried cable), trenching or placing new cables, whether interoffice or to a customer premises, securing permits or rights-of-way, constructing new manholes or conduits, installing altogether new terminals, or the construction of a new loop, whether serving an existing customer or along a new route. 2. Description of Individual UNE Offerings. VALOR will provide NTS with the following UNEs pursuant to this Attachment: UNE - 1

15 2.1 Local Loops. The local loop UNE is defined as the transmission facility (or channel or group of channels on such facility) that extends from a Main Distribution Frame ( MDF ), or its equivalent, in a VALOR Central Office Switch or Wire Center up to and including the loop demarcation point, including intrabuilding cabling owned by VALOR. The loop demarcation point is that point on the loop facility where VALOR S ownership and control end and the subscriber s ownership and control begin. Generally, loops are provisioned as 2-wire or 4-wire copper pairs running from the Central Office Switch MDF to the subscriber s premises. However, a loop may be provided via other means, including radio frequencies, as a channel on a high-capacity feeder/distribution facility which may, in turn, be distributed from a node location to the subscriber s premises via a copper or coaxial drop or other facility. The loop includes all features, functions and capabilities of such transmission facilities, including attached electronics (except those electronics used for the provision of advanced services, such as digital subscriber line access multiplexers ( DSLAMs )) and line conditioning. The types of unbundled loops made available to NTS under this Attachment are: Wire Analog Loop is a voice grade transmission facility that is suitable for transporting analog voice signals between approximately Hz, with loss not to exceed 8.5 db. A 2-wire analog loop may include load coils, bridge taps, etc. This facility also may include carrier derived facility components (Le., pair gain applications, loop concentrators/multiplexers). This type of unbundled loop is commonly used for local dial tone services. VALOR does not guarantee data modem speeds on a 2-wire analog loop. In addition, VALOR does not guarantee CLASS features will perform properly on a 2-wire analog loop provisioned over subscriber analog carrier. 4-Wire Analog Loop conforms to the characteristics of a 2-wire voice grade loop and, in addition, can support simultaneous independent transmission in both directions. VALOR does not guarantee data modem speeds on a 4-wire analog loop. In addition, VALOR does not guarantee CLASS features will perform properly on a 4-wire analog loop provisioned over subscriber analog carrier. ISDN-BRI Capable Loop is capable of transmitting digital signals up to 160 kbps with no greater line loss than 34 db end-to-end measured at 40 khz. Dependent upon facility make-up, it may be necessary to add ISDN-BRI Line Loop Extension to bring the line loss level within acceptable levels. ISDN-BRI Line Loop Extension equipment can be added by VALOR if requested by NTS at an additional cost beyond those of the unbundled loop element itself. A DS1 High Capacity 2-wire HDSL Loop must be provisioned over copper facilities using HDSL technology, includes the necessary Network Interface Device ( ID ), and will contain no load coils and minimum allowable bridge tap. Additional loop conditioning charges shall apply for the removal of the aforementioned types of equipment. In addition, when utilizing ADSL technology, CYBER MESA is responsible for limiting the Power Spectral Density ( PSD) of the signal to levels specified in Clause 6.13 of the ANSI T1.413 ADSL Standard. CYBER MESA is responsible for supplying the electronics necessary for providing ADSL service to their end users. Whether a DS1 Loop is available as an unbundled network element is subject to a Commission determination that a DS1 UNE is not available to a particular customer location pursuant to 47 C.F.R. Section (a)(4). A DS1 High Capacity 4-Wire HDSL Loop is a transmission facility that is provisioned on copper facilities using HDSL technology and includes the UNE - 2

16 necessary Network Interface Device ( ID ). The insertion loss is measured between 1 OOW termination at 200 khz, in which case loss should be less than 34 db. The DC resistance of a single wire pair should not exceed 1100 ohms. Whether a DS1 Loop is available as an unbundled network element is subject to a Commission determination that a DS1 UNE is not available to a particular customer location pursuant to 47 C.F.R. Section (a)(4) A DS1 High Capacity 4-Wire Loop, using Legacy technology, will support a digital transmission rate of Mbps. DS1 loops will indude midspan line repeaters where required, office terminating repeaters, and DSX cross connects. Whether a DS1 Loop is available as an unbundled network element is subject to a Commission determination pursuant to 47 C.F.R (e) that a DS1 UNE is not available to a particular customer location A DS3 Loop will support the transmission of isochronous bipolar serial data at a rate of Mbps over copper facilities. The DS3 loop provides the equivalent of 28 DS1 channels and shall include the electronics at either end.. Whether a DS3 Loop is available as an unbundled network element is subject to a Commission determination that a DS3 UNE is not available to a particular customer location A FTTH loop consists entirely of fiber optic cable and the attached electronics serving a premises. VALOR is not required to provide access to a FlTH loop unless, in the process of installing the FlTH loop, VALOR removes a preexisting copper loop, in which case VALOR must provide nondiscriminatory access up to and including a 64 kilobits per second transmission path capable of voice grade service over the fiber-to-the-home loop on an unbundled basis The provisions of 47 C.F.R (a)(2) and (3) shall apply in those instances where VALOR is serving a customer premises using a hybrid loop (a loop composed of both fiber optic cable and copper wire or cable) or a loop.or FITH Hybrid Loop VALOR is not required to offer the packet switching facilities, features, functions and capabilities of its hybrid loops If NTS seeks access to a hybrid loop for broadband services, VALOR will provide nondiscriminatory access to the time division multiplexing features, functions and capabilities of the hybrid loop, including DS1 and DS3 capacity (where impairment has been found by the Commission to exist), on an unbundled basis to establish a complete transmission path between VALOR S central office and an end user s premises. This access includes all features, functions and capabilities of the hybrid loop that are not used to transmit packetized information If NTS seeks access to a hybrid loop for narrowband services (Le. the equivalent to DSO capacity), VALOR shall determine whether to provide access using either the time division multiplexing technology of the hybrid loop or through nondiscriminatory access to a spare home-run copper loop serving that customer. UNE - 3 / NTS FINALTX INTERCONNECTION UNE AGREEMENT OCT DOC 6 3

17 2.2 lntrabuildina Cabling. The lntrabuilding Cabling UNE is defined as all loop plant owned by VALOR on an end user premises as far as the point of demarcation. NTS must submit a BFR for this element as referenced in this Attachment, Section Network Interface Device ( ID). The NID UNE is defined as any means of interconnection of end user inside wiring to VALOR s distribution plant. To gain access to an end user s inside wiring, NTS may connect its own loop directly to VALOR s NID where NTS uses its own facilities to provide local service to an end user formerly served by VALOR, as long as such direct connection does not adversely affect VALOR s network. 2.4 Dedicated Transport. The Dedicated Transport UNE is defined as VALOR interoffice transmission facilities, including all technically feasible capacity-related services, including, but not limited to, DS1, DS3 and OCN levels, dedicated to a particular end user or carrier, that provide telecommunications between one VALOR SWC or switch and another VALOR SWC or switch. Dedicated Transport is available on either on a DS1 or DS3 level, subject to a Commission determination that the UNE is not available on a particular route. On routes where DS3 Dedicated Transport is available as a UNE, NTS may not obtain more than twelve (1 2) DS3s. 2.5 Combination Loops and Transport. VALOR is not required to provide access to an unbundled DS1 loop in combination, or commingled with a dedicated DSI transport or dedicated DS3 transport facility or service, or to an unbundled DS3 loop in combination, or commingled, with a dedicated DS3 transport facility or service ( enhanced extended loops ), unless XTT certifies that all of the following conditions are satisfied for each combined circuit, including each DSI circuit, each DS1 enhanced extended link, and each DS1 equivalent circuit on a DS3 enhanced extended link: Each circuit to be provided to each customer will be assigned a local number prior to the provision of service over that circuit, Each DS1 equivalent circuit on a DS3 enhanced extended link must have its own number assignment, so that each DS3 must have at least 28 local voice numbers assigned to it, Each circuit to be provided to each customer will have 91 1 or E91 1 capability prior to the provision of service over that circuit; Each circuit to be provided to each customer will terminate in a collocation arrangement located within the same LATA as the customer s premises; Each circuit to be provided to each customer will be served by an interconnection trunk that will carry the calling party s number in connection with calls exchanged over the trunk; Each set of 24 DSI enhanced extended links or other facilities having equivalent capacity, will have at least one active DS1 local service interconnection trunk that UNE - 4

18 will carry the calling party s number in connection with calls exchanged over the trunk: and Each circuit to be provided to each customer will be served by a switch capable of switching local voice traffic. 2.6 Ooerator ServiceslDirectory Assistance t OS/DA ). The OS/DA UNE is defined as: (i) any automatic or live assistance provided by VALOR personnel or equipment to a consumer to arrange for billing or completion, or both, of a telephone call (OS); and (ii) a service that allows subscribers to retrieve telephone numbers of other subscribers (DA). If a dedicated transport UNE is used to route OS/DA traffic to the designated platform, NTS must purchase a trunk side port and establish a collocation arrangement in accordance with the Collocation Attachment. If the dedicated transport UNE used to route OS/DA traffic to the designated platform is ordered out of the applicable access tariff, no collocation arrangement or trunk side port is required. VALOR does not offer OS/DA and, therefore, OS/DA as a UNE is not available at this time. To use the dedicated transport UNE to route OS/DA traffic, NTS must negotiate an agreement with a third party provider of OS/DA. VALOR will not negotiate with a third party on behalf of NTS. 2.7 Directory Listinas ( DL 1 VALOR utilizes a third party publisher to provide DL for VALOR end user directories. Therefore, if NTS desires to have NTS end user information published in VALOR s directories, NTS must work directly with VALOR s third party publisher regarding NTS providing end user information to said publisher. VALOR will not negotiate with a thirdparty on behalf of NTS. NTS must negotiate with the third party Operations Matters. OSS is defined as operations support system functions consisting of pre-ordering (including nondiscriminatory access to the same detailed information about loop qualification information that is available to VALOR), ordering, provisioning, maintenance and repair, and billing functions supported by VALOR s databases and information. Until such time as a real-time, electronic-like interface is made available to NTS by VALOR, VALOR shall enable NTS to perform all pre-ordering and ordering functions via fax to or to LNP@valortelecom.com, including loop qualification information. NTS will be provided the same information that VALOR provides to itself in order to allow NTS to determine if a loop is available and qualifies for service based on the end user s telephone number or street address. At such time as OBF has established standards for pre-order loop qualification, the Parties will cooperate to implement pre-order loop qualification functions. 3.1 UNE Loop Questionnaire. When NTS requests digital loops, NTS will be required to complete the VALOR UNE Loop Questionnaire before UNE loop orders will be processed. The UNE Loop Questionnaire will provide the information necessary to determine if the requested loops will require conditioning. The UNE Loop Questionnaire is located on VALOR s website ( The completed UNE Loop Questionnaire shall be ed to LNP@valortelecom.com or faxed to UNE - 5

19 3.2 Pre-Orderina and Loop Pre-qualification During pre-ordering, VALOR shall provide NTS with minimum nondiscriminatory loop qualification information. VALOR shall provide detailed loop qualification information on an order by order request as required by applicable FCC rules and orders including, but not limited to, the following: the composition of the available loop material (including without limitation fiber optics and copper); the existence, location and type of electronic or other equipment on the loop (including without limitation DLC or other remote concentration devices, feeder/ distribution interfaces, bridged taps, load coils, pair gain devices, repeaters, remote switching units, range extenders, AMI T-1s in the same or adjacent binder groups, and other potential disturbers); loop length, including the segment length and location of each type of transmission media; loop length by wire gauge; the electrical parameters of the loop; and whether the loop requires conditioning, pursuant to Section Initially, VALOR will only provide the information listed above for loop qualification. If NTS requires additional loop make-up information, NTS will be billed based on time and charges at a minimum of two-hours. All orders submitted will be processed as ordered by NTS. The standard processing time for digital loops will be based on VALOR's published retail service guidelines or parity, whichever is less. The standard processing time for analog orders will be based on VALOR's published retail service guidelines or parity, whichever is less. All testing, maintenance and repair of loops will be based on what type of loop is ordered. Analog loops will receive testing and repair based on analog guidelines and digital loops will receive testing and repair based on digital guidelines. VALOR assumes no liability if it determines that the loop does not meet the specifications and NTS proceeds with offering DSL service over the non-qualified loop. In addition, VALOR assumes no liability if NTS refuses to have the line conditioned and proceeds with offering DSL service over the non-conditioned loop or NTS orders an analog loop but attempts to provide digital type services over such loop to its Customer. Any costs incurred by VALOR to test, repair or change the type of circuit will be paid by NTS, and NTS will be required to submit and pay for a subsequent order to change the designation of the circuit in VALOR's records. UNE

20 3.2.5 NTS shall request pre-ordering information via fax or . The preordering request should be faxed to or ed to The telephone number for questions regarding pre-ordering information is (866) The ordering procedures for UNEs are described in the VALOR CLEC Support Services Guide. VALOR will continue to participate in industry forums for developing service order/disconnect order formats and will incorporate appropriate industry standards. Complete and accurate forms (containing the requisite end user as described in the VALOR CLEC Support Services Guide) must be provided by NTS before a request can be processed. ASRs and/or LSRs submitted by NTS will be reviewed by VALOR for validation and correction of errors. Errors will be referred back to NTS. NTS will correct any errors that VALOR has identified and resubmit the request to VALOR through a subsequent ASR/LSR. The service order charges will apply once the firm order commitment is submitted by VALOR to NTS. Pre-ordering does not guarantee the availability of a given UNE. Rather, VALOR must receive a firm order after the pre-order to ensure NTS access to the UNE ordered. Submission of orders can be made with the UNE Loop Questionnaire or after pre-qualification. 3.4 Provisioning. VALOR will provision NTS orders for UNEs once a firm order is received. VALOR shall provide power to such elements on the same basis as VALOR provides to itself. In certain situations, VALOR utilizes pair gain technology, such as Integrated Digital Loop Carrier ( IDLC) or analog carrier, to provision facilities. VALOR may not be able to provision a loop UNE in such cases. Where VALOR can provision a Local Loop UNE using pair gain technology, the capabilities of such Local Loop UNE may be limited. If NTS orders a loop UNE that would normally be provisioned over facilities using pair gain technology, VALOR will use alternate facilities to provision the loop UNE if alternate facilities are Currently Available. If alternate facilities are not Currently Available, VALOR will advise NTS that facilities are not available to provision the requested loop UNE. 3.5 Bona Fide Reauest Process. The Bona Fide Request ( BFR ) process must be used when NTS requests conditioning outside the VALOR guidelines or any other service at a specific Central Office where VALOR is currently not providing such services. VALOR pricing shall be based on the VALOR engineering response determined by the BFR information provided by NTS. The following guidelines shall apply to the BFR process A BFR shall be submitted in the form of a written letter sent Certified Mail to VALOR Industry Relations by NTS and shall specifically identify the location and include all technical requirements, space requirements and/or other such specifications that clearly define the request such that VALOR has sufficient information to analyze and prepare a response NTS may cancel a BFR in writing at any time prior to NTS and VALOR agreeing to price and availability. VALOR will then cease analysis of the request. 1 See Telcordi Technologies TR-TSY , Digital Interface Between the SLC-96 Digital Loop Carrier System and Local Digital Switch and TR-TSY , Integrated Digital Loop Carrier (IDLC) Requirements, Objectives and Interface. UNE - 7

21 Within five (5) Business Days of VALOR s receipt of the BFR, VALOR shall acknowledge in writing its receipt of same and identify a single point of contact and any additional information needed to process the request. Except under extraordinary circumstances, within thirty (30) Business Days of VALOR s receipt of the BFR, VALOR shall provide a proposed price and availability date, or VALOR will provide an explanation as to why VALOR elects not to meet NTS request. In cases of extraordinary circumstances, VALOR will inform NTS as soon as it realizes that it cannot meet the thirty (30) Business Day response due date. NTS and VALOR will then determine a mutually agreeable date for receipt of the request. Unless NTS agrees otherwise, all proposed prices shall be consistent with the pricing principles of the Act, FCC and/or Commission. Payments for services purchased under a BFR will be made upon delivery, unless otherwise agreed to by NTS, in accordance with the applicable provisions of this Agreement. Upon affirmative response from VALOR, NTS will submit in writing its acceptance or rejection of VALOR s proposal. If at any time an agreement cannot be reached as to the terms and conditions and/or price of the request VALOR agrees to meet, the Dispute Resolution procedures described in Article 111, Section 3 herein may be used by a Party to reach a resolution. 3.6 Connections General. The UNEs specified above may be directly connected to NTS facilities or to a third-party s facilities designated by NTS to the extent technically feasible. Direct access to loops and dedicated transport that terminate in a VALOR Premises must be accomplished via a collocation arrangement in that Premises. In circumstances where collocation cannot be accomplished in the Premises, the Parties agree to negotiate for possible alternative arrangements. Removal of existing cable pairs required for NTS to connect service is the responsibility of NTS W. In order to minimize adverse effects to VALOR s network, the following procedures shall apply regarding NID connection: When connecting its own loop facility directly to VALOR s NID for a residence or business end user, NTS must make a clean cut on the VALOR drop wire at the NID so that no bare wire is exposed. NTS shall not remove or disconnect VALOR s drop wire from the NID or take any other action that might cause VALOR s drop wire to be left lying on the ground At multi-tenant end user locations, NTS must remove the jumper wire from the distribution block (Le., the NID) to the VALOR cable termination block. If NTS cannot gain access to the cable termination block, NTS must make a clean cut at the closest point to the cable termination block. At NTS request and discretion, VALOR will determine the cable pair to be removed at the NID in multi-tenant locations. NTS will compensate VALOR for the trip charge necessary to identify the cable pair to be removed VALOR loop elements leased by NTS will be required to terminate only on a VALOR NID. If NTS leasing a VALOR loop wants to connect such UNE - 8