INTERCONNECTION AGREEMENT
BETWEEN CYBERNET GROUP AND BELLSOUTH
TELECOMMUNICATIONS, INC.
2
INTERCONNECTION AGREEMENT
BETWEEN CYBERNET GROUP AND BELLSOUTH TELECOMMUNICATIONS
Pursuant to this Interconnection Agreement (Agreement), the telecommunications entities set forth in Attachment A hereto (referred to as the "Cybernet Group"), and BellSouth Telecommunications, Inc. ("BellSouth") (collectively, "the Parties") agree to extend certain interconnection arrangements to one another within each LATA in which they both operate. This Agreement is an integrated package that reflects a balancing of interests critical to the Parties and is not inconsistent with Sections 251, 252 and 271 of the Telecommunications Act of 1996. The Agreement represents a negotiated compromise and is entered without prejudice to any positions which either party has taken, or may take in the future, before any legislative, regulatory, judicial or other governmental body.
I. RECITALS AND PRINCIPLES
WHEREAS, BellSouth is an incumbent local exchange telecommunications company (ILEC) authorized to provide telecommunications services in the states of Alabama, Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina,
South Carolina and Tennessee; and
WHEREAS, Carrier is a competitive local exchange telecommunications company (CLEC) which is authorized or plans to become authorized to provide local telecommunications services in Alabama, Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina, South Carolina and Tennessee; and
WHEREAS, the interconnection and interoperability of the Parties' respective local networks is required to facilitate the introduction of local exchange service competition and fulfill the objectives of the Telecommunications Act of 1996 (Telecommunications Act); and
WHEREAS, universal connectivity and interoperability between competing telecommunications carriers is necessary for the termination of traffic on each carrier's network; and
WHEREAS, the Parties intend that BellSouth should unbundle certain basic network elements and make them available for purchase by Carrier; and
WHEREAS, the Parties agree that this Agreement shall be filed with the appropriate state commissions in compliance with Section 252 of the Telecommunications Act;
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NOW, THEREFORE, in consideration of the mutual provisions contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Carrier and BellSouth hereby covenant and agree as follows:
II. SCOPE OF THE AGREEMENT
This Agreement will govern the interconnection arrangements between the Parties to facilitate the interconnection of their facilities and the connection of local and interexchange traffic initially in the states of Alabama, Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina, South Carolina and Tennessee. This agreement will further govern the unbundling of BellSouth network elements in the same states.
III. DEFINITIONS
The definitions contained in Attachment B are intended to define and govern how the technical terms included therein are used in this Agreement. However, except as provided herein, the inclusion or exclusion of any particular definition is not intended by either party to limit, or to define technical interface, reliability, performance or throughput parameters for the network elements that both Parties expect to interconnect and interoperate.
The minimum performance, reliability, throughput and operational characteristic of elements identified herein, as well as physical and logical interface standards utilized, unless otherwise specifically provided herein, are according to generally accepted industry standards as defined by the ITU (ISO/CCITT), ANSI, or the Network Management Forum, whichever is more specific. Where standards are not yet fully defined, the Parties agree to take reasonable steps to insure that interface designs are modularized and retrofittable to any pending standard at the least cost to the interconnecting Parties.
IV. ACCESS TO UNBUNDLED NETWORK ELEMENTS
BellSouth shall unbundle Network Elements used in the provision of a telecommunications service and offer them for resale to Carrier as provided hereafter. Carrier shall be entitled to request, and BellSouth shall provide, access to any such unbundled Network Element(s). BellSouth shall unbundle and separately price and offer those elements such that Carrier will be able to lease and interconnect to whichever of these unbundled Network Elements Carrier requires, and combine the BellSouth-provided Network Elements with any facilities and services that Carrier may itself provide or obtain from other telecommunications carriers, in order
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A. GENERAL REQUIREMENTS
A.1 The Parties hereto mutually understand and agree that
the array of Network Elements is steadily evolving
and expanding. The initial set of Network Elements
and attendant services to be made available by
BellSouth hereunder is included as Attachment C
hereto. Network Elements will be provided subject to
the rules, terms and conditions expressed in this
Article and in Attachment C. It is understood,
however, that either Party may add Network elements
to the listing contained in Attachment C as the
BellSouth network changes or additional Network
Elements are identified. It is especially
acknowledged, without limitation, that the list of
Network Elements may be expanded by either Party to
include Network Elements identified in relevant FCC
or state commission regulations or orders, or made
available by BellSouth to other telecommunications
carriers pursuant to other interconnection
agreements. The addition or inclusion of additional
Network Elements shall be made in accordance with
subsection IV.I hereof.
A.2 Without limitation, BellSouth agrees to provide
Carrier access to all Network Elements identified in
Attachment C hereto. Wherever technically feasible,
interconnection shall be offered at both the line and
trunk side of each discrete Network Element. It is
agreed that interconnection will be made available by
BellSouth to Carrier at any technically feasible
point. BellSouth must implement physical and logical
interconnection points consistent with generally
accepted industry standards.
A.3 The initial pricing of the initial unbundled Network
Elements shall be as set forth in Attachment C,
except that initial pricing of unbundled loops,
switch ports and other network elements will be
established through state commission arbitration as
provided in Article XXV hereof and Attachment C
hereto. The initial pricing may be revised by mutual
agreement or at Carrier's election pursuant to
Article XXII hereof.
A.4 It is agreed that Carrier may combine network
elements purchased hereunder as required to provide
any local, toll or access service. If Carrier
recombines network elements to mirror existing retail
service, as defined by the applicable state
commission, the resale rate shall apply.
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B. INTERCONNECTION WITH NETWORK ELEMENTS
B.1 Interconnection shall be achieved via collocation
arrangements Carrier shall maintain at a BellSouth
wire center or other BellSouth network point.
B.2 At Carrier's discretion, each unbundled loop or port
element shall be delivered to the Carrier collocation
arrangement over an individual 2-wire hand-off, in
multiples of 24 over a digital DS-l hand-off in any
combination or order Carrier may specify, in
multiples of 672 over a digital DS-3 handoff in any
combination or order Carrier may specify, or through
other technically feasible and economically
comparable hand-off arrangements requested by Carrier
(e.g., SONET STS-l hand-off). Economically comparable
as used in this section refers to an economically
comparable effect upon Carrier and is not meant to
ensure an equivalent revenue stream or contribution
level to BellSouth.
B.3 BellSouth will permit Carrier to collocate DLC
systems in conjunction with collocation arrangements
Carrier maintains at a BellSouth wire center, for the
purpose of interconnecting to unbundled loop
elements. Carrier will have the option of purchasing
BellSouth unbundled transport (at any transmission
level) between placed equipment and the Carrier
network.
B.4 Carrier shall access BellSouth's unbundled loops via
collocation at the BellSouth wire center where those
elements exist. Each loop or port shall be delivered
to Carrier's collocation by means of a cross
connection.
B.5 BellSouth shall provide Carrier access to its
unbundled loops at each of BellSouth's Wire Centers.
In addition, if Carrier requests one or more loops
serviced by Integrated Digital Loop Carrier or Remote
Switching technology deployed as a loop concentrator,
BellSouth shall, where available, move the requested
loop(s) to a spare, existing physical loop at no
charge to Carrier. If, however, no spare physical
loop is available, BellSouth shall within seventy-two
(72) hours of Carrier's request notify Carrier of the
lack of available facilities. Carrier may then, at
its discretion, make a network element request for
BellSouth to provide the unbundled loop through the
demultiplexing of the integrated digitized loop(s).
Special constructions may apply in this situation.
Carrier may also
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make a network element request for access to
unbundled loops at the loop concentration site point.
Attachment D hereto shall not apply to unbundled
loops provided pursuant to this subsection.
B.6 Where BellSouth utilizes digital loop carrier (DLC)
technology to provision the loop element of an
unbundled exchange service to an end user customer
who subsequently determines to assign the loop
element to Carrier and receive Exchange Service from
Carrier via such loop, BellSouth shall deliver such
loop to Carrier on an unintegrated basis, pursuant to
Carrier's chosen hand-off architecture, without a
degradation of end user service or feature
availability as supported by Carrier's chosen
hand-off architecture.
B.7 Except as otherwise specified herein, all dedicated
transport-based features, functions, service
attributes, grades-of-service, install, maintenance,
and repair intervals which apply to BellSouth's
bundled local exchange service shall apply to
unbundled loops.
B.8 Except as otherwise specified herein, all
switch-based features, functions, service attributes,
grades-of-service, and install, maintenance, and
repair intervals which apply to BellSouth's bundled
local exchange service shall apply to unbundled
ports.
B.9 BellSouth will permit any customer to convert its
bundled local service to an unbundled element or
service and assign such unbundled element or service
to Carrier with no penalties, rollover, termination
or conversion charges to Carrier or the customer,
except as specifically provided in Attachment C-2
hereto or pursuant to the terms of a specific
customer service agreement, if BellSouth waives like
charges and penalties for any other
telecommunications carrier (unless superseded by
government action).
B.10 BellSouth will permit Carrier to collocate remote
switching modules and associated equipment in
conjunction with collocation arrangements Carrier
maintains at a BellSouth wire center, for the purpose
of interconnecting to unbundled loop or link
elements.
B.11 When available to any other telecommunications
carrier or other customer, BellSouth shall provide
Carrier with an appropriate on-line electronic file
transfer arrangement by which Carrier may place,
verify, and receive confirmation on orders for
unbundled elements, and issue and track trouble-
ticket and repair requests associated with unbundled
elements. In the
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interim, batch file arrangements specified in
BellSouth's current Facilities Based Carrier
Operating Guide (FBOG) shall apply. EXACT electronic
interface is the preferred method by which to order
unbundled elements. BellSouth shall provide Carrier
with the ability to order any defined network element
using OBF or other mutually agreed upon
ordering/provisioning codes.
B.12 It is expressly agreed that interconnection will be
afforded equally regardless of the transmission
medium selected by the interconnector, i.e., digital
or analog loops, conditioned circuits, ISDN, SONET,
etc., so that networks and applications can evolve
unencumbered by the available degree of
interconnectivity when such elements are available.
B.13 Wherever technically possible, it is expressly agreed
and understood that BellSouth will provide
interconnection on both the line side and trunk side
of each unbundled Network Element. Where
interconnection is ordered to the line side of a
Network Element, interconnection shall be on a
hard-wired (not software driven) basis.
B.14 The Parties shall attempt in good faith to mutually
devise and implement a means to extend the unbundled
loop sufficient to enable Carrier to use a
collocation arrangement at one BellSouth location per
LATA (e.g., tandem switch) to obtain access to the
unbundled loop(s) at another such BellSouth location
over BellSouth facilities.
B.15. BellSouth shall develop a process to identify the
carrier for each unbundled loop and establish
automated intercompany referral and/or call hand-off
processes for an additional charge. In addition,
BellSouth will not in any way hinder Carrier from
deploying modern DLC equipment (TR303) throughout
Carrier's portion of the unbundled loop/transport
network.
C. ORDER PROCESSING
C.1 Carrier shall place orders for unbundled loops (and
other network elements) through completion and
submission of a service request specified in the
FBOG.
C.2 Order processing for unbundled loops will be fully
mechanized.
C.3 Particular combinations of elements, hereafter
referred to as combinations, identified and described
by Carrier can be ordered and provisioned as
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combinations, and not require the enumeration of each
element within that combination in each provisioning
order, consistent with OBF or other mutually agreed
upon procedures.
C.4 Appropriate ordering/provisioning codes will be
established for each identified combination,
consistent with OBF or other mutually agreed upon
procedures.
C.5 When combinations are ordered where the elements are
currently interconnected and functional, those
elements will remain interconnected and functional
(except for the integrated SLC).
C.6 When available, BellSouth will provide Carrier with
the ability to have the BellSouth end office AIN
triggers initiated via a service order from Carrier.
C.7 Carrier and BellSouth will negotiate in good faith to
create a mutually acceptable standard service
order/disconnect order format, consistent with OBF or
other mutually agreed upon procedures.
C.8 BellSouth shall exercise best efforts to provide
Carrier with the "real time" ability to schedule
installation appointments with the customer on-line
and access to BellSouth's schedule availability
beginning in the second calendar quarter of 1997. In
the interim, BellSouth will make best effort to
install unbundled loops and other network elements by
the Customer Desired Due Date (CDDD) where facilities
permit. Service requests with shorter intervals than
normal intervals or those that require out-of-hours
provisioning may be subject to additional charges.
C.9 When available to any other telecommunications
carrier or other customer, BellSouth shall provide
"real time" response for firm order confirmation, due
date availability/scheduling, dispatch required or
not, identify line option availability by Local
Service Office (LSO) (such as digital copper, copper
analog, ISDN), completion with all service order and
time and cost related fees, rejections/errors on
service order data element(s), jeopardies against the
due date, missed appointments, additional order
charges (construction charges), order status,
validate street address detail, and electronic
notification of the local line options that were
provisioned. This applies to all types of service
orders and all network elements.
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C.10 BellSouth will provide to Carrier escalation
procedures for ordering and provisioning. If an
expedite is requested by Carrier on the customer's
behalf, normal expedite charges shall apply.
D. CONVERSION OF EXCHANGE SERVICE TO NETWORK ELEMENTS
D.1 Installation intervals for service established via
Unbundled loops will be handled in the same timeframe
as BellSouth provides services to its own customers,
as measured from date of customer order to date of
customer delivery. BellSouth will make best effort to
install unbundled loops and other network elements by
the Customer Desired Due Date (CDDD) where facilities
permit. Service requests with a shorter than standard
interval or those that require out-of-hours
provisioning may be subject to additional charges.
D.2 On each unbundled network element order in a wire
center, Carrier and BellSouth will agree on a cut-
over time at least 48 hours before that cutover time.
The cutover time will be defined as a 180 minute
window within which both the Carrier and BellSouth
personnel will make telephone contact to complete the
cutover.
D.3 Within the appointed 180 minute cutover time, the
Carrier contact will call the BellSouth contact
designated to perform cross-connection work and when
the BellSouth contact is reached in that interval,
such work will be promptly performed.
D.4 If the Carrier contact fails to call or is not ready
within the appointed interval and if Carrier has not
called to reschedule the work at least eight (8)
hours prior to the start of the interval, BellSouth
and Carrier will reschedule the work order.
D.5 If the BellSouth contact is not available or not
ready at any time during the 180 minute interval,
Carrier and BellSouth will reschedule.
D.6 The standard time expected from disconnection of a
live Exchange Service to the connection of the
unbundled element to the Carrier collocation
arrangement is 15 minutes.
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D.7 If unusual or unexpected circumstances prolong or
extend the time required to accomplish the
coordinated cut-over, the Party responsible for such
circumstances is responsible for the reasonable labor
charges of the other Party. Delays caused by the
customer are the responsibility of Carrier.
D.8 If Carrier has ordered Service Provider Number
Portability (SPNP) as part of an unbundled loop
installation, BellSouth will coordinate
implementation of SPNP with the loop installation.
D.9 If BellSouth provides in practice shorter scheduling
lead times and/or cutover windows than those
specified in this section for the same services for
other carrier, it will do the same for Carrier.
E. SERVICE QUALITY
E.1 At a minimum, the service quality of leased network
elements should match that of BellSouth's own
elements and conform to all Bellcore and ANSI
requirements applicable to the type of service being
provided. In addition, BellSouth will provide
maintenance services on network elements purchased by
Carrier which are timely, consistent and at pari ...