ATTORNEYS
Jared M. Tully Attorney at Law 304.348.2404 December 1,2010 [email protected] Brg:B? pfi DEC @$ 2 20 PSC %Ec E\fV VIA HAND DELIVERY Sandra Squire, Executive Secretary Public Service Commission of West Virginia 201 Brooks Street Charleston, WV 25323
Re: CASE NO. 10-0383-T-C EMERGENCY OPERATIONS CENTER OF KANAWHA COUNTY, V. YMAX COMMUNICATIONS CORPORATION and MAGIC JACK, LP
Dear Ms, Squire,
Please find enclosed for filing in the above proceeding an original and twelve copies of the direct testimony of Billy Jack Gregg, W. Kent Carper, and Carolyn Karr Charnock on behalf of the Emergency Operations Center of Kanawha County. Copies of the same have been forwarded to parties of record.
Thank you for your assistance in this matter.
hclosures
Terry C. Owen, Esq. Marc Weintraub, Esq. Richard M. Firestone, Esq. E. Dandridge McDonald, Esq.
Laidley Tower, Suite 401 I Charleston, West Virginia 25301-3207 I 304.345.0111 I frostbrowntodd.com 500 Lee Street STATE OF WEST VIRGINIA PUBLIC SERVICE COMMISSION CHARLESTON, WEST VIRGINIA
EMERGENCY OPERATIONS CENTER OF KANAWHA COUNTY and W. KENT CARPER, in his capacity as President of the EMERGENCY OPERATIONS CENTER OF KANAWHA COUNTY, Executive Committee Complainants, EC 0% 2@2f;psc EXEC Dn
V. Case No. 10-0383-T-C
YMAX COMMUNICATIONS CORPORATION And MAGIC JACK, LP
Defendants.
CERTIFICATE OF SERVICE
I, Jared M. Tully, hereby certify that a copy of the foregoing Direct Testimony ofBilly Jack Gregg was served via US Mail, postage prepaid the lStday of December, 2010 upon the following parties:
Terry C. Owen, Esq. Marc Weintraub, Esq. Legal Division Bailey & Glasser, LLP Public Service Commission of West Virginia 209 Capitol Street 201 Brooks Street Charleston, WV 25301 Charleston, WV 25301
Richard M. Firestone, Esq. E. Dandridge McDonald, Esq. Arnold & Porter, LLP Steptoe & Johnson, PLLC 555 Twelfth Street PO Box 1588 Washington, DC 20004- 1206 Charleston, WV 25326-1588
Jared M. Tully
CHRLibrary 0117128.0568243 998237~1 CASE NO. 10-0383-T-C
EMERGENCY OPERATIONS CENTER OF KANAWHA COUNTY V. YMAX COMMUNICATIONS CORPORATION AND MAGIC JACK, LP
DIRECT TESTIMONY OF W. KENT CARPER On Behalf of the Emergency Operations Center Of Kanawha County
Dated: December 1,2010 1 Q. WHAT IS YOURNAME AND BUSINESS ADDRESS? 2 A. My name is W. Kent Carper. My business address is 407 Virginia Street East, Charleston,
3 West Virginia.
4 Q. WHAT IS YOUR EDUCATIONAL AND PROFESSIONAL BACKGROUND? 5 A. I am the president of the Kanawha County Commission and the president of the Board of
6 Directors of the Metro Emergency Operations Center of Kanawha County (hereinafter
7 “Metro”) and a practicing attorney in Charleston, West Virginia. I graduated from West
8 Virginia State College with Honors and I earned my law degree from Ohio Northern
9 University. I have been in public service for 33 years. I am honored to serve as a
10 Kanawha County Commissioner and I am very proud of my time as an assistant
11 prosecutor in Kanawha County, Public Safety DirectorKhief of Police of Charleston and
12 West Virginia Deputy Securities Commissioner. I am also a former certified paramedic. I
13 also have an extensive background in communications, including emergency
14 communications.
15 Q. WHAT IS THE PURPOSE OF YOUR TESTIMONY?
16 A. My testimony is presented to describe the necessity of the county enhanced 911 fee and
17 the need for all subscribers to pay the fee as required by West Virginia law and Kanawha
18 County’s ordinance. Any reduction in our revenue will affect our ability to operate and to
19 serve Kanawha County. Simply put-the failure of any provider to collect and remit fees
20 impacts public safety and the ability of Metro to serve the citizens of Kanawha County.
21 Q. ARE YOU FAMILIAR WITH THIS PROCEEDING?
22 A. Absolutely. I sought this proceeding because Magic Jack and YMAX Communications
23 (hereinafter “YMAX”) are providing VoIP andor local exchange service in Kanawha 1 County and failing to collect and remit enhanced 91 1 fees. This results in lower revenues
2 for Metro and directly impacts the ability to fund vital communication services.
3 Additionally, Magic Jack and YMAX are gaining an unfair advantage over every other
4 provider of telephone or telephone type service because it is able to offer its service at a
5 rate that is lower than that of the other providers in part because it refuses to collect the
6 enhanced 91 1 fee from its subscribers. Unfair advantages will not, in the long run, benefit
7 Kanawha County. However, my concern in this proceeding is that Magic Jack and
8 YMAX, a regulated competitive local exchange carrier, are trying to manipulate the
9 system to avoid paying enhanced 91 1 fees that are vital to adequately fund 91 1 services.
10 Moreover, failing to pursue those who refuse to comply with 911 rules, regulations and
11 statutes creates a dangerous precedent and I have a duty to assure that enhanced 91 1 is
12 properly funded.
13 Q. WHAT DOES THE PUBLIC SERVICE COMMISSION REQUIRE OF VoIP
14 PROVIDERS?
15 A. The Commission requires interconnected VoIP providers to collect and remit the county
16 enhanced 911 fee as detailed in the Code of State Rules Section 150 Series 32. These
17 rules were effective November 19, 2008. They require providers of VoIP service to
18 collect and remit enhanced 91 1 fees. Additionally, and very interestingly, these rules also
19 provide for waiver of the rules in certain instances if a VoIP provider can show good
20 cause as to why it cannot meet *se requirements. The rules actually permit a VoIP
21 provider to propose a reasonable alternative to collect and remit fees. Magic Jack and
22 YMAX did not seek waivers and have not collected and remitted enhanced 91 1 fees.
23 Q. WHAT DOES STATE LAW PROVIDE FOR VoIP SERVICE?
2 1 A. West Virginia Code 5 7-1-3cc provides that a county commission may impose a fee upon
2 customers of local exchange service within that county for an enhanced emergency
3 telephone system. On July 1, 2006 the statute because effective for subscribers of VoIP
4 service too, assuming that the county had an enhanced 91 1 fee ordinance in place at the
5 time, which Kanawha County did.
6 Q* WHAT DOES FEDERAL LAW PROVIDE REGARDING VoIP AND 91 1 FEES? 7 A. The New and Emerging Technologies 911 Improvement Act of 2008, or the NET 911
8 Improvement Act specifically precludes any FCC regulation from preventing the
9 imposition and collection of a fee or charge for the support or implementation of 91 1 or
10 enhanced 91 1 services, provided that the fee is used solely to support 91 1 and/or
11 enhanced 91 1. The county enhanced 9 1 1 fee is specifically reserved for the support of
12 enhanced 911. West Virginia Code $ 7-1-3cc states that the “fee revenues may only be
13 used solely and directly for the capital, installation, administration, operation and
14 maintenance costs of the enhanced emergency telephone system and of the conversion to
15 city-type addressing and including the’ reasonable costs associated with establishing,
16 equipping, furnishing, operating or maintaining a county answering point.”
17 Q. WHAT IS YOUR UNDERSTANDING OF HOW MAGIC JACK AND/OR YMAX
18 OPERATE?
19 A. Based upon my review of the pleadings in this case, it appears that they have concocted a
20 plan for YMAX to offer separate services for incoming and outgoing calls. As I
2.1 understand it Magic Jack and YMAX argue that they are not “interconnected VoIP
22 providers” as required by our rules. They rely, it appears, upon the portion of the Federal
23 &nmunication Commission definition of interconnected VoIP which states that the
3 1 service must permit “users generally to receive calls that originate on the public switched
2 telephone network and to terminate calls to the public switched telephone network.” As I
3 understand it this means that the subscriber to the VoIP service must be able to call a
4 standard landline and to receive calls from a standard landline. When you purchase the
5 Magic Jack device and subscribe to the YMAX service, you are able to do this. Both
6 Magic Jack and YMAX operate as a single entity and offer citizens of Kanawha County
7 the ability, via VoIP telephony to send calls to the Public Switched Telephone Network
8 (“PSTN”) and to receive calls from the PSTN. Their attempts to avoid the sole area in
9 which they are regulated by the FCC are, in my evaluation, ineffective and a threat to
10 public safety. These entities operate from the same location, are run by the same people
11 and even share the same phone number!
12 Q. HAS YMAX BEEN COLLECTING AND REMITTING ENHANCED 91 1 FEES?
13 A. No. In fact, they take the position that they do not need to collect and remit fees. This is
14 particularly interesting given that YMAX is, in fact, a competitive local exchange carrier
15 with an interconnection agreement with Verizon, now Frontier. Clearly, this falls within
16 the class of individuals who are required to collect and remit fees. Additonally, YMAX is
17 a tariffed CLEC. The Public Service Commission, in Case No.: 06-1363-T-PC approved
18 an interconnection agreement with YMAX and Verizon (Please see Exhibits A and B
19 attached hereto). That approved agreement states that YMAX is a competitive local
20 exchange carrier. As such, it is subject to our fee ordinance. Moreover, the Public Service
21 Commission approved YMAX as a CLEC in Case No.: 06-0361-T-CN (Please see
22 Exhibit C). As such, not only do YMAX and Magic Jack provide VoIP services in
23 Kanawha County, YMAX is a tariffed CLEC operating in Kanawha County.
4 1 Q. HOW IMPORTANT ARE ENHANCED 91 1 FEES TO METRO?
2 A. They are vital. They comprise the bulk of the operating budget. As you may know,
3 wireless fees are distributed pursuant to a statutory formula which results in fewer fees
4 generating from Kanawha County wireless phones remaining in Kanwha County, in fact
5 my estimate is that roughly half of the fees generated from Kanwaha County wireless
6 phones leave the county. This means that part of the fees that should be coming to
7 Kanawha County are sent throughout the state. Even if we could rely upon wireless fees,
8 they are reaching a point of flat growth while the cost of providing enhanced 91 1 service
9 continues to increase. As I understand it wireless providers are shifting their focus from
10 selling more wireless lines to expanding the services each subscriber purchases by
11 offering data plans and other add on services to the standard voice plans. The bulk of our
12 operating budget is from county enhanced 91 1 fees. We couldn’t operate without them.
13 Q. WHAT CONCERNS DO YOU HAVE ABOUT THE FUTURE OF ENHANCED 911
14 FEES FOR KANAWHA COUNTY?
15 A. Each year the number of traditional local exchange subscribers falls as consumers look to
16 non-traditional providers of telephone service, including wireless and VoIP. As noted,
17 Kanawha County receives less than what it should for wireless fees, by about one half,
18 As citizens migrate toward new technology such as VoIP and wireless, our ability to pay
19 for quality top line 911 services deteriorates. Luckily, we are able to collect fees from
20 VoIP subscribers which helps maintain the base of fees needed to pay for 911 services.
21 However, those entities such as YMAX who refuse to pay erode the customer base.
22 Given the industries operating in Kanawha County and the relatively large concentration
23 of people, a robust and reliable enhanced 91 1 system are vital to protect public safety.
5 1 Q. DO YOU HAVE CONCERNS ABOUT THE CONNECTIVITY OF YMAX/MAGIC
2 JACK TO 91 l?
3 A. Absolutely. My concern is the strident attitude which this company takes toward 9
4 services. I understand that they have taken the position that they don’t even hav
5 provide the ability to connect to 911. Such an attitude concerns me as to their
6 commitment to the subscribers to the Magic JacMYMAX service and to public safety.
7 They tout their product as a replacement to traditional telephone lines. If you see their
8 television advertisements, it is obvious they are targeting traditional landline subscribers
9 by offering a low yearly rate. It is very concerning that YMAX and Magic Jack would
10 entice citizens to forgo standard telephone service for a service which they argue does not
11 have to connect subscribers to 91 1.
12 Q. DO YOU HAVE ANYTHING ELSE TO ADD?
13 A. Not at this time. I will submit rebuttal testimony after I have had an opportunity to review
14 the testimony of others in this proceeding.
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PUBLIC SERVICE COMMISSION OB WEST VIRGINIA CHARLESTON
At a session of the PUBLIC SERVICE COMMISSION OF WEST VIRGINIA in the City of Charleston on the 15th day of November, 2006
CASE NO,06-1363-T-PC
YMAX COMMUNICATIONS GROUP; and VERIZON WEST VIRGINIA INC. Joint petition for consent and approval of an Interconnection Agreement and Amendment No. 1,
COMMISSION ORDER
On September 19,2006, YMAX Communications Group (YMAX)and Verizon West Virginia Inc. (Verizon) filed a joint application €or approval of an interconnection Agreement and Amendment No, 1 to that Agreement between the companies, pursuant to 99 251 and 252 oftheTelecommunications Act of 1996, cod@dnf47 U,S,C,@151 etseg. (TA96) and West Virginia Code 0 24-2-12, The Agreement and Amendment No, 1 provide for the interconnection of the companies’ networks and makes available to YMAX access to unbundled network elements, wholesale telecommunications services, and ancillary services offered by Verizon, thereby facilitating YMAX’s provision of cornpetithe local exchange service to both residential and business customers in West Virginia, The Agreement and Amendment No, 1 set forth the terms, conditions and pzices under which Verkon and YMAX will offer and provide network interconnection, reciprocal call transport and termination, access to network elements, anciIlaiy network services, and wholesale tef ecornmuiiications services available for resale to each other within each Local Access and Transport Area (LATA) in which they both operate in West Virginia,
On October 16, 2006, Commission Staff (Staff) fiIed its “Final Joint Staff Memorandum,” recommending that the Agreement and Amendment No. 1 should be approved. No protest to the proposed agreement or its amendment has been filed,
The Commission concludes that the proposed Agreement and Amendment No. 1 does not appear- to discriminate against telecommunications carriers who are not parties to the
Public Service Commissian of West Virginia Charleston EXHIBIT - A WKC 000001 Agreement and does not appear to be inconsistent with TABS or the public interest, convenience and necessity. Therefore, the Commission coiicludes that the proposed Agreement and Amendment No. 1 should be approved,
FINDINGS OF FACT
1, On September 19, 2006, YMAX and Verizon filed a joint application for approval of an interconnection Agreement and AmendmentNo, 1, pursuant to $Q 251 and 252 of the Telecommunications Act of 1996, codfledat 47 U.S,C. $8 151 et seq, (TA94) and West Yirgim!aCode 6 24-2-12,
2. On October 16, 2004, Staff filed a “Final Joint Staff Memorandum‘’ reconzmending that the Agreement and Amendment No. 1 should be approved,
3. No protest to the proposed agreement, or its amendment, has been filed,
’ CONCLUSIONS OF LAW
1. The Commission can reject the proposed Agreement andhendmentNo. 1 only if it discriminates against another telecommunications carrier which is not a pal’ to the Agreement or if it finds that implementation of the Agreement or Amendment No, 1 or a portion thereof is not consistent with the public interest, convenience and necessity. See 47 U.S.C. §Q 252(e)(2)(A)(i) & (ii)*
2. The proposed Agreement and Amendment No. 1 do not appear to discriminate against teleconimunications cairiers who are not parties to the Agreement and do not appear to be inconsistent with TA96 or the public interest, convenience and necessity,
3. The proposed Agreement and Amendment No, 1 should be approved,
QRDER
XT IS, TKEISEFORE, ORDERED that the interconnection Agreement, and Amendment No. I of that agreement, between YMAX Communications Group and Verizon West Virginia Inc,, filed with the Commission on September 19,2006, should be, and hereby are, approved without specifically approving the terms and conditions therein, .
IT IS FURTHER ORDERED that, upon entry hereof, this proceeding shall beremoved from the Commission’s active docket of cases.
Public Service Commisslon of West Virginia Charleston 2 EXHIBIT - A WKC 000002 Executive Secretary
i
L Public Service Commission
EXHIBIT - A WKC 000003 I. 1
101 South Queen Street I9West.Cork Street, SU~B102 Martinsburg,West Virglnla 25401 Winchester, Virginla 2280f' (304) 263.0836 (540) 723-8877 , 7000 Hampton Center, Sulte K 5th Floor, United Square Morgantown, West Vlrginia 26505 A?TORNfi.YP 4T 1AiV 501 Avery Street -1 (304) 285-2500 Parkersburg,West Virglnla 26101 600 Quarrier Street (304) 481-8600 West Vlrglnla 25301 155 East Main Street, SUile 300 Charleston, Lexlnglon, Kentucky 40507 Post Office Box 1386 (859) 252-2242 Charteston, West Virginia 26326-1386 (304) 347-1 $00 www,bowlestice.com
Joseph J. Starsick, Jr. September 19,2006 &Mail Address: Telcphone- (304) 347-1183 jstarsiok@bowlos rict.com Facsimile - (304) 343-2867 Sandra S. Squire Via Hand Delivery . Executive Secretary Public Service Commission 201 Brooks Street Charleston, West Virginia 25323 Re: CaseN& 33473 +-I=Po Application For Approval of an Interconnection Agreement With YMAX Communications Group And Verizon West Virginia Ino, and . Amendment No. 1 Thereto Under Sections 251 And 252 Of The TelecommunicationsAct Of 1996 And Under W.Va. Code Section 24-2-12
Dear Ms. Squire: . Enclosed herewith for filing with the Commission are the original and twelve (12) copies of the Application for Approval of 811 Interconnection Agrccrnent and Amendment No, 1 between YMAX Communications Group aud Verizon Wesf Virginin Xnc. Please do not hesitate to contact me if you have any questions,
Very truly yours,
-#.
(State Bar LD. W3576)
Enclosure Copy to: Peter Russo, YMAX Director of Finance
EXHIBIT - B WKC 000001 I,
PUBLIC SERVICE COMMISSION OF WEST VIRGINIA CHARLESTON
CASE NO,
APPLICATION FOR APPROVAL OF AN INTERCONNECTION AGWEMENT WITH YMAX COMMUNICATIONS GROUP (“YMAX’’) AND VERIZON WEST VIRGINIA INC, AND AMENDMENT NO. 1 THEWTO UNDER SECTIONS 251 AND 252 OF THE TELECOMMUNICATIONS ACT OF 1996 AND UNDER W.VA. CODE SECTION 24-2-12
APPLICATION FOR APPROVAL OF AN INTERCONNECTION AGREEMENT WITH YMAX COMMUNICATIONS GROUP (6cYMAX’’)AND VERIZON WEST VIRGINIA INC. AND AMENDMENT NO. 1
Verizon West Virginia, Inc. (“Verizon WV”) respectfully submits for the Commission’s approval, pursuant to Sections 251 and 252 of the Telecommunications Act of 1996 (the “1996 Act”)’ and West Virginia Code Section 24-2-12, the Interconnection Agreement effective June 21,2006 (the “Agreement”)between Verizon WV and YMAX COMMUNICATIONS GROUP (IIYMAX’I). The Agreement provides for the interconnection of the two companies’ networks and makes available to YMAX access to unbundled network elements, wholesale telecommunications services, and ancillary services offered by Verizan WV, thereby facilitating YMAX’s provision of competitive local exchange service to both residential and business customers,
1 Citations herein to the 1996 Act should be construed as references to sections of the Comuaications Act of 1934 as amendedbythe 1996 Act.
EXHIBIT - B WKC 000002 In addition, Verizon WV and YMAX contemporaneously executed an Amendment No, 1 to the Agreement, Amendment No. 1 contains certain provisions related to the Order of the Federal Communications Commission (“FCC”) on February 4,2005 in CC Docket Nos. 04-313 and 01-338. Verizon WV respectfullyrequests that the Commission act within the 90 days specified by the 1996 Act and approve the Ageement and Amendment No. 1. In support of this request, Verizon WV states the Interconnection Agreement and Amendment No, 1 speak for themselves, but that: I, Veiizon WV is an incumbent local exchange carrier authorized to provide local exchange telephone service in West Virginia, 2. YMAX is a competitive local exchange carrier that has been certified to provide local exchange service (See Case No. 06-0361-T-CN,Recommended Decision of May 4,2006, which became final 5/24/06.The contact for CLBC is: Peter Russo, Director of Fhance YMax Communications Corporation 223 Sunset Avenue, Suite 223 Palm Beach, FL 33480 Phone No. (561) 832-3140
3, Verizon W and YMAX have entered into the Agreement and Amendment No. 1 pursuant to Sections 251(c) and 252(a) of the 1996 Act. 4. The Agreement (including Amendment No. 1) sets forth the terms, conditions and prices under which Verizon WV and YMAX will offer and provide network interconnection, reciprocal call transport and teimination, access to network elements, ancillary network services, and whoXesale telecommunications services available for resale to each other within each Local Access and Transport Area (“LATA”) in which they both operate in West Virghia. The Agreement is an’integratedpackage that reflects a negotiated balance of many interests and concerns crjtical to both parties.
2
MHlBlT - B WKC 000003 5, The Agreement (including Amendment No. 1) satisfies the requirements for Commission approval pursuant to Section 252(e)(2)(A) of the 1996 Act, which provides as folIows:
“The State commission may only reject ... an agreement (or any portion thereof) adopted by negotiation under subsection (a) if it fuds that--
(i) the agreement (or portion thereof) discriminates against a telecommunications carrier not a party to the agreement; or
(ii) the implementation of such agreement or portion is not consistent with the public interest, convenience, and necessity.”
6, First, the Agreement, including Amendment No, 1, does not discriminate against any other telecommunications carrier, as required by Section 252(e)(2)(a)(i), To the contraiy, any other carrier certificated to provide local telephone service in West Virginia may obtain the interconnection, unbundling and resale arrangements contained in the Agreement on the same terms and conditions. Nonetheless, other carriers are not bound by the Agreement and remain free to negotiate independently with Verizon WV pursuant to Section 252 of the 1996 Act. 7. Second, the Agreement, including Amendment No. 1, is consistent with the public interest, convenience, and necessity, 8s required by Section 252(e)(Z)(a)(ii). It will permit YMAX to compete with Verizon WV as a facilities-based local telephone service caiiier. The Agreement wfil also be available to all local exchange competitors under Section 252(i) of the 1996 Act, 8. Verizon WV respectfully requests that the Commission expedite its review of the Agreement (including Amendment No. 1). Although under Section 252(e)(4) of the 1996 Act, the Commission has 90 days to approve or reject the Agreement (including Amendment No. I), Verizon W requests that the Commission act sooner than that date if at all possible,
3
EXHIBIT - B WKC 000004 :
9,Verizon WV also requests that the Commission grant any necessary consent and approval under West Virginia Code Section 24-2-12, WHEREFORE, Verizon WV respectfully requests that the Commission approve the Agreement (including Amendment No. 1) pursuant to Section 251 and 252 of the 1996 Act and West Virginia Code Section 24-2-12,as soon as practicable.
Respectfully submitted,
Counsel:
,~ Josep , Starsic ,Jr. (SB#3576) Bo~hRice McDavid Graff & Love LLP P,O, Box 1386 Charleston, WV 253251386 (304) 344-764401’ (304) 347-1183 of counsel:
Lydia Pulley, Esquire Veiizon West Virginin Ino.
4
EXHIBIT - B WKC 000005 CERTIRICATE OF SERVICE
I, Joseph J. Starsick, Jr,, counsel for Verizon West Virginia Inc., do certify that a copy of the foregoing Application For Approval of an Interconnection Agreement with
WAX Communications Group and Verizon West Virginia Inc. and Arnendmellt No, 1have been saved upon the following party by United States Mail, First Class, this 19Ih day of September, 2006 Peter Rwo, Director of Finance YMAX Communications Corporation 223 Sunset Avenue - Suite 223 Palm Beach, FL 33480
-1 5. St%ick, Jr,, Esq, WV State Bar ID #3576
EXHIBIT - B WKC 000008 AGREEMENT..
by and’between
YMAX COMMUNICATIONS GORP. an ti
VERIZON WEST VIRGINIA INC.
FOR THE STATE OF . _- WEST VIRGINIA
. .. .
. ... . ,.
Wax Wv Comp v2.8c.dOC
EXHIBIT - B WKC 000007 TABLE OF CONTENTS AGREEMENT,.,., ...... i ? . The Agreement ...... ? : .. 2 . Term and Termlnatlon ...... 2 3. Glossary and Attachments ...... 2 4 . Applicable Law.,...... 2 5. Assignment ...... 3 .6. Assurance of Payment ...... 4
7. Audlts ...... 5 8. Authorization ...... 5 9 . Billing and Payment; Dlspu ted Amounts ...... 6 10 Confidential1ty ...... 6 . .. ' 11. Counterparts ...... 8 12. Default...... 8 13 . Discontinuance of Service by Ymax ...... 9 14 . . Dispute Resolution ...... 9 15. Force Majeure ...... 9 .. 16. Forecasts ...... IO 97 . Fraud ...... IO . 18 . Good Faith Performance ...... O I9. Headings ...... I1 20 . lndemnlficalion ...... ~1 21. . Insurance ...... 12 22 . intellectual Property ...... 13 23 . Joint Work Product;...... 14 24 . Law Enforcement ...... 14 25 . Liability ...... 15
Ymax WV Comp v2.8c.doc 1
EXHIBIT .B WKC 000008 26 . Network Management...... I6 27 . Non.Exolusive Rgmedies;...... ; ...... 17 28 . Notice of Network Changes ...... 17 29 . Notices...... 17 30 . Ordering and Maintenance ...... 18 31 . Performance Standards ...... 8 32. Point of Contact for Ymax Customers...... 18 33 .. Predecessor Agreements ...... 18 34 . Publicity and Use of Trademarks or Service Marks...... 19 35. References ...... 1. .. 36 . Relationship of the Partles ...... 20
37 I Reservation of Rlghts ...... 20 38 . Subcontractors ...... ;...... 21 39 . Successors and Assigns ...... 21 40. Survival ...... ;21 ... 41 . TaXeS ...... zl .. 42. Technology Upgrades ...... j...... ?...... 23 . 43 . Territory ...... 23 44. Third Party Beneficiaries ...... 23 45 . [Thls Section Intentionally Left Blank] ...... 2. .... 46. 252(i) Obligations...... *24 47 . Use of Service ...... 24 48 . Waiver ...... 24 49 . Warranties ...... ;...... 24 50. Withdrawal of Services ...... 24 SIGNATURE PAGE ...... ;...... 26 GLOSSARY ...... ,...... 27 I. GencFal Rule ...... 27
Ymax WV Comp v2.8c.dou il
EXHIBIT .B WKC OOOOOQ
.. 2 . Definitions ...... ;...... 27
ADDITIONAL SERVICES ATTACHMENT ...... ;...... *.,.,AI I. Alternate Billed Cails...... 4. 2. Dialing Parity - Section 251(b)(3) ...... 41 . 3. [This Section Intentionally Left Blank] ...... 41 4. . Directory Listing and Directory Distributlon ...... 4~ .. .. 5. Voice information Service Trafflc ...... 43
' 6. Intercept and Referral Announ-cements ...... 44 7 . Originatlng Line Nurnber'Screening (OLNS) ...... 44 8 . Operations Support Systems (OSS)Services ...... 44 9 . Poles. Ducts. Conduits and. Rights-of-way...... 51 IO. Telephone Numbers ...... :...... 51
I1I Routlng for Operator Services and Directory Asslstance Traffic.... 52 - ...... 12. Unauthorized Carrier Change Charges ...... 52
' 13. Good Faith Performance...... ;...... 52 INTERCONNECTION ATFACHMENT ...... 53 I. General...... 5~ 2. Points of lnterconnecfion and Trunk Types ...... 53 3. Alternative Interconnection Arrangements...... 57 4. Initiating Inferconnection ...... ;58 5. Transmlssion and Routing of Telephone Exchange Servlce Traffic...... 9 6. . Traffic Measurement and BIlllng over Interconnection Trunks ...... 60 7. Reciprocal Compensation Arrangements Pursuant to Section 251(b)(5) of the Act ...... $4 8. Other Types of Traffic ...... 63 9 . Transmlssion and Routing of Exchango Access Traffic ...... 83 IO. Meet-Point Billing Arrangements ...... 64
. li. Toll Free Servjce Access Code (e& 800/888/877) Traffic ...... A ...... 67
Ymax W Camp v2.85.doc lit
EXHIBIT .B WKC 000010 .. 12. Tandem.Translt Traffic ...... 69 . 13. Number Resaurces. Rate Center Areas and Routing Points ...... 70 14. Joint Network implemsnfation.. and Grooming Procoss; Forecasflng ...... ;71
.j6. Number Portablilty - Sedtlon 251(8)(2) ....; ...... 72 46 ..Good Fahh Pel.formance ...... 74 RESALE A~ACHMENT...... ;75 ..
1.. General 75 ...... ;...... 2 Use of Verizon Telecommunications Services ...... 75 . .. 3 . Avallabllity of Verizon Telecommunications Services ...... 76 4 . Responsiblllty for Charges ...... 76 5 . Operatlons Matters ...... 77 6 . Rates and Charges ...... 77 7. .Good Faith Performance...... 78 . NETWORK ELEMENTS ATTACHMENT ...... 79 I . General ...... ;...... 79 2 . Verjzon’s Provision of Network Elements ...... O 3. Loop Transmisslon Types ...... 80
4. . Line Sharing ...... 6 ...... 89 . 5 . Line Spllttlng ...... g 6 6 . Sub-Loop ...... 96 7. inside Wire,.,*...... 101 8. Dark Fiber ...... 101 9. Network Interface Devlce ...... 1.7 . 10. Unbundted Glrcuit Switching Elements ...... 109 I1. Unbundled lnteroff ice Facilities ...... 110 12. Signaling Networks and Call-Related Databases ...... 110 13. Operations Support Systems ...... ?12 14. Availability of Other Nolwork Elements on an Unbundled Basis ...... 112
Ymax WV Comp v2.8c.doc h,
EXHIBIT .B WKC 000011 15. Maintenance of NeWork Elements ...... 113 16. Comblnaffons ...... 114 17. Rates and Charges ...... 114 .. 18. Good Faith .Performance...... 4 COLLOCATION ATTACHMENT ...... 115 I. Verizon’s Provlslon of Collocation ...... If 5 914 ATTACHMENT ...... 16 1. 9111E-Q’II Arrangements ...... 116 2 . Electronic Interface ...... ,,.‘ll6 3 911 Intotconnection...... 117 . .. 4. 91 I Facllifies ...... 117 5; . Local Number Portabjlity for use wlth 911...... 11~ 6. PSAP Coordination ...... 117 7. 911 Compensation ...... 117
8 .. 941 Rules and Regulatlons ...... 1...1..1;.1...... 1...... 117 9. Good Faith Performance ...... 118 PRICING ATTACHMENT...... 149 I.. General...... 119 2. Vertzon Telecomrnunlcafions Servlces Provided to Ymax for Resale Pursuant to the Resale Atfachment ...... 119 3. Ymax Prices ...... 121 4 . [This Section Intentionally Left Blank] ...... 121 5. Regulatory Review of Prlces ...... 121 APPENDIX A To THE PRICING ATTACHMENT ...... 122 EXHIBIT A TO SECTION 3.1 (FIBER MEET ARRANGEMENT) OF THE INTERCONNECTION AT.ACHMENT ...... 1~~
Ymex WV Camp v2,8o.doc V
.. EXHIBIT .B WKC 000012 AGREEMENT ‘
‘ PREFACE Thls Agreement, including Amendment No, I(TRO Amendmeni) hegto (“Agreement“) shall be deemed effeotlve as of June 24,2006 (the "Effective Date”), between Ymax Communications Corp, (“Ymax”), a corporation organized under !he laws of the State of Delaware, with offices at 223 Sunset Avenue, Suite 223, Palm Beach, FL 33480 and Verkon West Virginia Inc. (“Verlzon”), a corporation organized under the laws of the State of West Virginia with offices at 1500 MacCorkle Avenue, SEI Charleston, WV 25314 (Verizon and Ymax may be referred to hereinafter, each, individually as a nParty”, and, collectively, as the ”Parties”). GENERAL TERMS AND CONDITIONS to consideration of the mulual promises contained in this Agreement, and intending to be legally bound, pursuant to Section ?52 of tha Act, Verizon and Ymax hereby agree as follows:
9, The Agreement 1.I This Agreement includes: (a) the Principal Document (whichshall be.deemed to include Amendment No. I(TRO Amendment) hereto); (b) the Tariffs of each Party applicable to lhe Services that are offered for sale by it In the Principal Document (whlch Tariffs are Incorporatedinto and made a part OF this Agreement by reference); and, (c) an Order by a Patty that has been accspted by the ofher Party. 1.2. Except as otherwise expressly provlded in the Principal Document (inciuding, but no1 limited to, the Pricing Attachment), conflicts among provisions in the Principal Document, Tariffs, and an Order by a Party that has been accepted by ihe 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 PaFty 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, of deemed grounds for finding, a conflict for the purposes of this Section 1.2. I .3 This Agreement constitutes the entire agreement between the Parties on the subject matter hereof, and supersedes any prior or contemporaneous agreement, understandlng, or representatlon, on the subject matter hereof, provided, however, nohvifhstandlng any other provision of this Agreement or otherwlse, this Agreement is an amendment, extension and rssfalement of the Parties’ prior interconnection and resale agreement(s1, If any, and, as such, thls Agreement Is not Intended to ba, nor shalf It be consfrued to create, a novation or accord and satisfaction wllh respect to any prior interconnectionor resale agreements and, accordingly, alt monetary obligalions of the PartItics to one anolher under any prlor Interconnectionor resale agreements shall remaln in full force and effect and shall constitute monetary obligations of the Parties under thls Agreement (provided, however, that nothing contained in this Agreement shall convert any claim or debt that would otherwise constitute a prepetition claim or debt in a bankruptcy case into a postpetitlon claim or debt). In conneclfon with the foregoing, Verizon expressly reserves all of its rlghts under the Bankruptcy Code and Applicable Law to seek or oppose any relief in respect of the . assumption, assumption and assignment, or rejection of any interconnectionor resale agreements between Verizon and Ymax.
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1.4 Except as othenvlse provlded In the Principal Document, the Principal Document may not be waived or modified except by a written document that 15 signed by the Patties, Subject to the requlremen!s of Applicable Law, a Party shall have the rIght to add, modify, or withdraw, its Tan’ff(s) at any lime, without the consent of, or notice to, tbe other Party.
’ 2. Term and Termination
* 2,l This Agreement shall be effectlve as of the Effective Date and, unless cancelled or terminated earlier in accordance wJth the terms hereof, shall continue in effect untli June 20, 2008 (the “llillial Term”). Thereafter, this Agreement shall continue In force and effect unless and until cancelled or terminated as provided In this Agreement. 2.2 . Either YmaX or Verkon may terminate this Agreement effective upon the expiration of the Initial Term or effectlve upon any date after explratlon of the Initial Term by providing written notice of termlnaffon at leas1 ninety (90) days In .advqnce of the date of termination. . 2.3 If elther Ymax or Verizon provides notice of terminafion pursuantto Section 2.2 . and on or before the proposed date of termination either Ymax or Verizon has requested negotiation of a new intarconnectionagreement, unless this - Agreement is cancelled or terminated earlier in accordance with the terms hereof (inctudino, but not limited to, pursuant to Sectlon 12), this Agreement shall remain In effect until the eartier of: (a) the effective date of a new interconnection , agreement between.Ymax,and Verizon; or, (b) the date one (I)year after the proposed date of termination. 2:4 If either Ymax or Verizon provides notlce of termination pursuant to Section 2.2 and by 11:59 PM Eastern Time on the proposed date of termhation neilher Ymax nor Verizon has requested negotiationof a new interconnection agreement, (a) this Agreement will terminate at 11:59 PM Eastern.Tlm8on the proposed date of termination, and (b) the Services being provided under this Agreement at the time of termination will be terminated, except tolhe extent that the Purchasing Party has requested that such Services continue to be provided . pursuant to an applicable Tariff or Statement of Generally Avallabie.Terms (SOAT). 3. Glossary and Attachments The Glossary and the following Attachments are a part of this Agreement: Additional Services Attachment interconnection Attachment Resale Attachment Neiwork Ebrnents Attachment . Collocetlon Attachment 914 Attachment Pricing Attachment 4. Applicable Law 4.1 The construction, interpretatfon and performance of this Agreement shall be governed by (a) the laws of the United States of America and (b) the laws of the
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EXHIBIT - B WKC 000014 State of West Virginia, without regard to its conflicts of laws rules. All disputes relating to this Agreement shall be resolved lhrough the applicatlon of such laws. '4.2 Each Party shall remain In compliance with Applicabfe Law in the course of perfomlng ihis Agreement. 4.3 Nelther 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 shqll promptly notify the other Party In writing of any governmental action that limits, suspends, cancels, withdraws, or otherwlse materially affects, the notifying Party's ability to perform Its obligations under this Agreement. 4.5 If any provision of tNs Agreement shall be invalid'or unenforceable under Applicable Law, such invalidity or unenforceabllity shall not invalidate or render unenforceable any other provlsion of this Agreement, and this Agreement shall be construed as If It did not contain such invalid or unenforceable provision; provided, that If the invalid or unenforceablo provision Is a materlal provision of this Agreement, or the invalidity or unenforceability materially affects the rights or obligations of a Parly hereunder or the ability'of a Party to perform any materiai provision of this Agreement, the Parlles shail promptly renegotiate in good faith and amend in writing this Agreement In order to make such mutqaily acceptable revisions to this Agreement as may be required in order to conform the Agreement to Applicabfe Law. 4.6 If any legisiattve, regulatory, judicial or other,gavernmentaldecision, order, determination or aclion, or any change in Applicable Law, materlally affects any material provision of this Agreement, the rights or obligations of a Parly hereunder, or the ability of a Party to perform any material provision of this Agreement, fhe Pariies shall promptly renegotiale in good faith and amend in writing thls Agreement in order to make such mutually acceptable revisions to this Agreement as may be required in order to conform the Agreement to Applicable Law. If within thlrty (30) days of the effective date of such declsion, determination, action or change, the Parties me unable to agree in writing upon mutually acceptable revlsions to this Agreement, either Parly may pursue any rmedles available to it under thls Agreement, at law, in equity, or otherwise, lncludtng, but not limited to, instltuling an appropriate proceedlng before the Commlssion, the FCC,or a court of competent jurisdiction, wlthoul first pursuing dispute resolution in accordance with Section 14 of this Agreement. 4.7 Notwlfhstanding anything In !his Agreement to the contrary, If, as a result of any legislafive, judicial, regulatary or other governmental decision, order, datermination or action, or any change In Applicable Law, Vedton is not required by Applicable Law to provide any Servlce, payment or benefit, otherwise required to be provided to Ymax hereunder, then Verlzon may discontlnue the provision of any such Servlce, payment or benefit, and Ymax shall reimburse Verizon for any payment previousiy made by Verlzon lo Ymax that was not required by Applicable taw. Verizon will provide thirly (30)days prior written notice to Ymax of any such disconilnuance of a Servlce, unless a different notice period or differentconditions are specified in this Agreement (inciuding, but not limited to, ' . in an applicable Tariff) or Applicable Law for termination of such Service in which event such specified period and/or GOndltbnS shall apply. .. 5, Assignment
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EXHIBIT - B WKC 000015 Neither Party may assign this Agreement or any tight or interest under this Agreement, nor delegate any obligation under this Agreement, wllhout the prior written consent of the . other Party, which consent'shail not be unreasonably withheld, conditioned or delayed, . Any attempted assignment or delegation in violation of this Section 5 shall bevoid and . ineffectiveand constitute default of this Agreement. . 6. Assurance of Payment 6.I Upon request by Verizon, Ymax shall, at any time and from time to time, provide io Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder. 6.2 Assurance ofpayment of charges may be requested by Verizon if Yrnax (a) prior . to the Effectlve Date, has faifed to timely pay a bill rendered to Ymax by Vedzon or its Affiliates, {b) on or after the EffectfveDate, falls to timely pay a bill rendered to Ymax by Verizon or its Affiliates, (e) fn Verizon's reasonable judgment, at the Effective Date or at any time thereafter, Is unable lo demonstrate that it is creditworthy, or (d) admits its inabtlity to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under fhe US. Bankruptcy Code or any other law relating to bankruptcy; Insolvency, reorganization, winding-up, composltlon or adjustment of debts or the ilke, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding. 6.3 Untess otheWiSe agreed by the Parties, the assurance of payment shall consisi of an unconditional, frrevocabie standby letter of credit naming Verizon as the beneflclary thereof and otherwise in form and substance saflsfactory to Verizon from a financial Institution acceptable to Verlzon. The letter of credit shall be in an amount equal to two (2) months anticipated charges (Includlng, but not limited ., ...... , I?,both recurring and non-recuriing charges), as reasonably determined by Verizon, for the Services to be provided by Verizon to Ymax in connection wfth this Agreement. If Ymax meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verlzon Affiliate in any twelve (12)-monthperiod, Verizon may, at its option, demand (and Ymax shall provide) additional assurance of payment, consisiing of monthly advanced payments of estimated Charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequenlly ihan once per Catendar Quarter. 6.4 [Intentionally Leil Blank]. 6.5 [Intentionally Left Hank]. 6.6 Verizon may (but is not obligated to) draw on the letter of credit upon notice to Ymax in respect of any amounts to be paid by Ymax hereunder that are not paid within thirty (30)days of the date that payment of such amounts is required by thk Agreement. 6.7 'If Verizon draws on the letter of credlt, upon request by Verizon, Ymax shall provide a replacement or supplemental letter of credit conforming to the requifements of Section 6.3. 6.8 Notwlthstandlng anything else set forth in this Agreement, if Verizon makes a .. request for assurance of payment In accordance with the !erms of this Sectien, then Verizon shall have no obflgation thereafkr to perform under this Agreement until such time as Ymax has provided Verizon with such assurance of payment.
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aHlBlT- B WKC 000018 6.9 The fact that a letter of credit Is requested by Verlzon hereunder shall in no way relieve Ymax from compliance wlth 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 heteln 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 speclflcaily provlded this Agreement, either Parfy (“Auditing Party”) may audit the other Party’s (“Audited Party”)books, records, documents, facllifles and systems for the purpose of evaluatlng the accuracy of the Audited Party’s bills. S,uch audits may be performed once in each Calendar Year; provitled, 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 billi.ng 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 cerlified public accountants selected and paid by the Auditing Party. The accountants shall be reasonably acceptabie to the Audited Parly. Prior‘to commencing the audit, the accountants . shall execute an agreement with the Audited Party in a form reasonably acceptable to the Audited Patty that protects !he confldeniiality of the inforrnatfon disclosed by the Audited Party to the accountants. The audlt shall take place-at a time and place agreed upon by the Parties; provided, that the Auditing Party may requlre that the audit commence no later than sixiy (60) days after the Audlting Party has given notice of the audit to the Audited Party. 7.3 Each Party shall cooperate fully in any such audit, providing reasonable eccess 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 a1 the Auditlng Party’s expense, provided that there shalt be no charge for reasonable access fo the Audited Party’s employees, books, records, documents, facililies and systems necessary to assess the accuracy of the AudJted Party’s bills. 8, Authorlzation 8.1 Verizon represents and warrants that it Is a corporation duly organized, validly exfsting and In good standing under !he laws of the State of West Virginia and has full power and authority to execute and deliver this Agreement and to perform its obligations under this Agreement. 8.2 Ymax represents and warrants that It Is a corporation duly organized, validly exisling and in good standing under the laws of the State of Delaware, and has full power and authority to execute and deliver this.Agreement and to perform its obligations under this Agreement.
8,3 Ymax Certification. ’ Notwithstanding any other provision of this Agreement, Verizon shall have no obflgationto perform under this Agreement until such lime as Ymax has obtained such FCC and Commission authorization as may be required by Appllcabie Law for conducting business in the State of West Virginia. Ymax shall not place any Orders under this Agreement until It has obtained such authorization. Ymax shall provide proof of such authorization to Verizon upon request.
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MHlBlT- B WKC 000017 .. 9. Billing. and Payment: Disputed Amounts 9.I 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 provlded In thfs Agreement, payment of amounts billed for Services provided under this Agreement, whether billed on a monthly basis or as otherwlse provided In this Agreemebt, shall be due, in immediately available US. funds, on (he later of the following dates (the ”Due Date”): {a) the due date specified on the billing Parfy’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 bllling Party of the amounts It disputsg (“Disputed Amounts”) and Include In such notice the speclflc detaifs and reasons for disputing each Item, A Party may also dispute prospectively with a single notice a class of charges that it disputes. Notlcs of a dlspute may be given by a Pariy at any time, &her 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 pafd. The billed Party shall pay by the Due Date all undbputed amounts. Billing disputes shall be subject to the terms of Section 14, Dispute Resolution. 9.4 Charges due to the bllling Party that are not paid by the Due Date, shall be subject lo a Sate 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-haff 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 consiltute 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 assertlon 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 appropriatejurisdictlon to collect amounts due, the billed Party shall not be entitled to dispute the billing Party’s statement(s) based on the bllilng Party’s failure to submit [hem in a timely fashion: IO. Confidentiality 10.1 As used In this Section IO, “Confidential Information” means the following information that is disclosed by one Party (“Disclosing Party”) to the other Parly (“Receivlng Partp) in connection with, or anticipation of, this Agreement: 10.1.4 Books, records, documents and other Information disclosed In an audit pursuant to Section 7; 10.1,2 Any forecasting informatton provided pursuant to this Agreement; 10.1.3 Customer Information (except to the extent thal (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 directory assistance service, operator service, Caller
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EXHIBIT - B WKC 000018 ID or similar service, of LIDB servlce, or (c} the Customer to whom the Customer information is related has authorized the Receiving Party to use andlor disclose the Customer Information);
10.1.4 information related tP specificfacilitiesor equipment (includlng, but not limited lo, cable and pair Information);
' 10.1.5 . any informatlon that is In written, graljhlc, eiectromagnetlc, or other tangible form, and marked at the time of disclosure as "Confidenfial" or "Proprietary;"and 10.1.6 any information that is communtcated orally or visually and declared to the Receiving Party at the time of disclosure, and by wrltten notice with a statement of the lnfarmatlon given to the Receiving Party within ten (IO) days after disclosure, to be "Confldentlal or "Proprietary'. Notwithstanding any other provision of this Agreement, a Party shall have the right to kefuse to accept receipt of information which the other Party has Identiffed as Confidential lnforrnation pursuant to Sections 10.1.5 or q0.1.6. 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 10.2b2 uslng 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 fhan _. commercia11y reasonable), hold Confidential information received from the Disclosing Party in confidence and restrict dfsciosure of the Confldenfiat Information solely to those of the ReceivJng Parly's Affiliates and the directors, officers, employees, Agents and contractors of the Recelving Par& and the Receiving Patty'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 Affliiates, shall be required by the Recelvlng Party to comply with the provlslons of this Section IOin the same manner as the Receiving Party, The Receivlng Party shall be liable for any failure of the Receiving Party's Affiliatas or the directors, officers, employees, Agents or contractors of the Receiving Party or the Receiving Party's Afflliates, to comply with the provisions of this Section 10. 10.3 The Receiving Party shall return or destroy all Confidential Information recelved from the Disclosing Party, including any copies made by the Receivlng Party, within thirty (30) days afler a written request by the Disclosing Party is delivered to the Receiving Party, except for (a) Confidential Informatton that the Receiving Party reasonably requires to perform its obligations under thls Agreement, and . (b) one copy for archival purposes only. f0.4 Unless olherwise agreed, the obligations of Sections 10.2 and 10,3do 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 confidenfiality and restriction on use;
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EXHIBIT - B WKC OOOOlS . 10.4.2 is or becomes publicly available or known through no wrongful act of , the Recelvlng Party, the Receiving Party‘s Affiliates, or the direcfors, .officers, employees, Agents or contractors of the Recelvfng Party or the Receiving Party’s Affiliates; 10.4.3 is rightfully received from a thfrd person havlng no direct or Indirect obligatlon of confldentlality or restrlclion on use to the Dlsclosing 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 Parfy (including, but not llmited to, In this Agreement}; or 10.4.6 is required to be disclosed by the Receiving Pa@ pursuant to Applicable Law,. provided that the Receiving Party shall have made .. commercially reasonable efforts to glve adequate notlce of the requirement to the Disclosing Party in order to enable the Disclosing Party to seek protective arrangements. f0.5 Nofwithstanding the provislons of Sections 10,l through 10.4, the Receiving Party may useand dlsciose Confidential lnforrnation received from the Dlscloslng Party to the extent necessary to enforce the Receiving Party‘s rlghts under this Agreement of Applicable Law. In making any such disclosure, the Receiving Parly shall make reasonable efforts to preserve the confidentiality and restFict the use of the Confidential Informalon whlle 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 if, 10.6 The Disclosing Party shall retain all of the Dlscloslng Party’s right, title and interest In any Confldentfal Information disclosed by the DlsctosIng Party Io the Receiving Party. Except as otherwise expressly provided in this Agreement, no license Is granfed by this Agreement wiih respect to any Confidential information . (including, but not limited to; u’nder any pafent, trademark or copyright), nor is any such license to be implied solely by virtue of the disclosure of Confrdentfai Information. 10.7 The provlslons of fhls Section IOshall be in addition to and not in derogation of any provislons of Applicable Law, including, but not limited to, 47 U.S,C, 9 222, and are not intended to constitute a walver 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 IOshall survive expiration, cancellation or termtnation of this Agreement. 11. Counterparts This Agreement may be executed in two or more, counterparts, each of wMch shall be deemed an original and all of which together shall constitute one and the same instrument. .. d2. Default If elther Party (“Defaulting Party”)falls to make a payment required by this Agreement (including, but not limited to, any payment required by Section 9.3 of undisputed amounts
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EXHIBIT - B WKC 000020 to the bllling Party) or materially breaches any other material provislon of this Agreemenl, and such failure or breach continues for thirty (30) days affer written notice thereof from the olher Party, the other Patty may, by wrltten notice to the Defaulting Party, (a) suspend the provislon of any or all Services'hereunder,or (b) cancel this Agreement and terminate the provision of all Services hereunder.
13. ' Dlscontinuance of Service by Ymax 43.q If Ymax proppes to disconthue, or actually discontinues, its provision of service to all or subsfantlally all of ifs Customers, whether voluntarily, as a result of . bankruptcy, or for any other reason, Ymax shall send written notice of such ' dlsconlinuance to Verizon, the Commlsslon, and each of Ymax's Customers. Ymax shall provide such notice such number of days in advance of dbcontlnuance of Its service as shall be required by Applicable Law. Unless fhe period for advance notlce of dlscontlnuance of servlce requked by Applicable Law is more than thirty (30) days, to the extent commercially feasible, Ymaz shall send such notice at least thirty (30) days prior to its discontinuance of service. 13.2 Such notice must advise each Ymax Customer that unless action is taken by the ' Ymsx Customer to swltch to a different carrier prior to Ymax's proposed , discontinuance of service,*the Ymax Customer will be without the service provided by Ymax to the Ymax Customer. 13.3 Should a Ymax Customer subsequently become a Verizon Customer, Yrnax shall provlde Verizon with all information necessary for Verizon to establish service for the Ymax Customer, Including, but not limited to, the Ymax Customer's billed name, listed name, service address, and billing address,, and the servlces being provfded to the Ymax Customer. 13,4 Nothing in this Section 13 shall limit Verkon's right to cancel or terminate this Agreement OF suspend provislon of Services under this Agreement. 14. Dispute Resolution 14.1 Except as ofherwise 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 Partles. To initiate such negotialion, a Party must provide to the other Party written notice of lhe dispute that includes both a detailed description of the dispute or alleged nonperformance and the name of an Individual who will serve as the initialing Party's representative In the negoliation. The other Party shall have ten Business Days to designate its own represenlative in the negofiatlon. The Parties' representatives shall meet at least once within 45 days after the date of the initieting Party's wrltten notice in an attempt to reach a good faith resolution ' of the dispute. Upon agreement, the Parties' representatlves may utlllze other alternative dlspute resolutlon procedures such as private mediation to asslst in the negotiations. 14.2 if the Parties have been unable to resolve the dispute within 45 days of the date of the 1nltiatlng.Party's written notlce, either Party may pursue any remedies available to it under this Agreement, at iaw, In equity, or otherwise, including, but . not limited to, instituting an appropriate proceeding before the Commission, the , FCC, or a court of competent jurisdicllon.
15. Force Majeure
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MHlBlT - B WKC 000021 15.1 Neither Party shall be responsible for any delay or failure in performance which results from causes beyond its reasonable control (“Force Majeure Eventsn), whether or not foreseeable by such Party. Such Force Majeure Events indude, but are not llmited to, adverse weather conditlons, flood, flre, 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, parks, soeare or repairs thereof, acts or omissions of the other Party, and acts of God. .. 16.2 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 obllgaUons 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-performingParty 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 Notwithstandingthe provisions of Sections 151 and 15.2, in no case shall a Force Majeure Event excuse either Party from an obligation to pay money as . required by this Agreement. 15.4 Nothing in this Agreement shall require the non-performing Party to settle any labor dispute except as the non-performing Party, in its soie discretion, determines appropriate. 16. Fore casts ’ in addition to any other forecasts required by this Agreement, upon request by Verizon, Ymax shalt provide to Verlzon forecasts regarding the Sewices that Yrnax expects to purchase from Verizon, Including, but not limited to, forecasts regarding the types and volumes of Services that Ymax expects to purchase and the locations where such Se,rvices will be purchased. 17. Fraud Ymax assumes responslbllity for all fraud associated with its Customers and accounts, Verizon. shall bear no responsibilltyfor, and shall have no obligation to lnvestlgale,or make adjustments lo Ymax’s account In cases of, fraud by Ymax’s Customers or other ’ Ihlrd parties. 18. Good Faith Performance The Parties shall act in good falth in heir performance ofthls Agreement. Except as otherwlse expressiy stated in this Agreement (including, but not limited to, where consent, approval, agreement or a similar adion is stated to be wihin a Parly’s sole discretion), where consent, approval, mutual agreement or a simllar action is required by any provislon of this Agreement, such action shall not be unreasonably withheld, condlfioned or delayed. If and, to the extent that, Verkon, prior to the Effective Date of this Agreement, has not provided in the State of West Virginia a Service offered under this Agreement, Verizon reserves the rlghl to negotiate in good faith with Ymax reasonable terms and conditlons (Including, without lim/tatjun,rates and impbmentation tlmeframes) for such Service; and, if the Parties cannot agree to such terms and conditions (including, without limitation, rates and implementaiion timeframes), either Party may utilize the Agreement’s dispute resolution procedures.
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EXHIBIT - B WKC 000022 19. Headings The headings used In the Princfpal Document are Inserted for convenience of reference only and are not intended to be a part of or to affect the meaqing of the Prlnclpal Document. 20. lndemnfflcatian 20.1 Each Party (“Indemnifying Party”) shall Indemnify, defend and hold harmless the ofher Patty (“Indemnified Party“), the lndemnined Party‘s Affiliates, and the dlrectors, officers and employees of the IndemnffledParty and the indemnified Party’s Affiliates, from and against any and all Claims that arise out of bodily Injury toor 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, dainage, destructton or loss, was proximately caused by Ihe grossly negllgent or Intentionallywrongful acls or omissions of the IndemnifyingParty, the Indemnifying Party’s Affiliates, or the directors, officers, employees, Agents or contractors (excludlng the Indemnified Party) of the indemnifying Party or the . fndemnjfying Pady’s Affiliates, in connection with this Agreement. 20,2 1ndemnlficatlon.Process. 20.2.1 As used in this Seclion 2Oz”IndemnifiedPerson” means a person whom an indemnifying Party is obligated to Indemnify, defend andior hold harmless under Section 20.1, 20.2.2 An IndemnifyingParty’s obligations under Sectlon 20.1 shall be ‘ conditlqned upon the fallowing: 20.2.3 The Indemnified Person: (a) shall give the lndemnifylng 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 Ihe amount thereof); (b) prior to faking any material action with respect to a Third Party Claim, shall consult with the fndernnifying Party as to fheprocedure to be fojlowed In defending, settling, or compromIslng the Claim; (e) shall not consent to any - setllement or compromise of a Third Party Claim without the written consent of the lndemnlfylng Party; (d) shall permit the Indemnifying Party to assume the defense of a Third Party Claim (inciuding, 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 lndemnifylng Party‘s choice of legal counsel. 20,2,4 ff the Indemnifed Person faDs to comply with Secllon 20.2.3 wlth respect to a Claim, to the extent such failure shall have a material
~ adverse effect upon the Indemnifying Party, the lndemnifylng Party shall be relieved of its obligation io indemnify, defend and hold harmless the indemnlffed Person wlth respect lo 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
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EXHIBIT - B WKC 000023 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 lndemnifled Person , shall also be entitled to partidpate, at its own expense, In the defense. of any Ciaim, 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 Clalm or consent to any judgment with regard to a Third Party Claim without the prior writfen consent of the Indemnified Party, whlch shall not be unreasonably wlthheid, conditioned or delayed. In the event the setlfement 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 fo ftself and, at its own cost and expense, take over the defense against the Third Party Claim, provided that In such event the lndemnifylng Party shall not be responsible for, nor shall it be oblgated to indemnify or hold harmless the Indemnified Person against, the Third Party Claim for any amount In exGess of such refused settlement or judgment. 20.2.8 The Indemnffied Person shalt, h ali cases, assert any and all provisions In applicabte Tariffs and Customer contracts that limit liability to third persons as a bar to, or llmilatlon on, any recovery by a thlrd-person cfalmant, 20.2.9 The Indemnifying Party and the lndemnifled Person'shall offer each other all reasonable cooperat1on.and assistance in the defense of any Third Parly Clalm. 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, offlcers 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 empfoyment of such person by the other Party or the other Padjl's Affiliate and that arises out of
I performance of this Agreement. 20.4 Each Party's obligations under this Section 20 shail survive expiration, cancellation or terrninatlon of this Agreement.
21* Insurance '
21.1 Ymax shall maintain during the term of this Agreement and for a period of two . years thereafter all insurance andlor bonds required to satisfy its obligations under this Agreement (including,but not lirnlted to, Its obligations set fodh 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 calegory VI1 or greater. At a , minimum and without limiting the foregoing undertaking, Ymax shail maintain the following insurance: 21 ,I.I Commercial General tiabllity, Insurance, on an occurrence basis, including but not limited to, premises-operations,broad form property damage, productslcomplsted operations, contractual liability, independent contracfors, and personal injury, with limits of at least $2,000,000 combined single llmh for each occurrence.
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EXHIBIT - B WC000024 21.1,2 Commercial Motor Vehicle Liability Insurance covering all owned, hired ' and non-owned vehicles, with limils 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 singie 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 Ymax's real and personal properiy located at any Coflocatfon site or othenvise located on or in any Verizon prernlses (whether awned, leased or othewlse occupied by Verizon), facility, equipment or right- of-wa y, 21.2 Any deductibles, self-insured retenfions or loss hits('Retentions") for the foregoing insurance must be disclosed on the certlflcates of insurance to be provided to Verizon' pursuant to Sections21,4 and 21.5, and Verizon reserves the right to reject any such Retentions In Its reasonable discretion. All Refantions shall be the responsibility of Ymax, . 21.3 Ymax shall rlame Verizon and Verlzon's Affiliates as additional Insureds on the foregoing ilabfllty insurance. .21.4 Ymax shall, wifhin two (2) weeks of the Effective Date hereof at the time of each renewal d,;6r material change in, Ymax's insurance pollctes, a.nd at such other times 8s Verizon may reasonably specify, furnish certlficates or other proof of the foregoing insurance reasonably acceptabte to Vertzon. the certificates or other proof of the foregoing insurance shall be sent to: Director-Negollattons, Vsrlron Partner Solutions, 600 Hidden Ridge, HQEWMNOTICES,Irving, TX 75038. 21.5 Ymax shall require its contracfors, if any, that may enter upon the premises or access the facillties or equipment of Verizon or Verlzon's affiliates to maintain Insurance In accordance with Sections 21.1 through 21.3 and, If requested, to furnish Verizon certiflcates or other adequate proof of such insurance acceptable to Verizon in accordance with Section 21.4. 21.6 If Ymax or Ymax's contractors fall to maintain Insurance as required in Sections 21.1 through 21.5, above, Verizon may (but shall nq be obligated to) purchase such insurance and Ymsx shall reimburse Verizon for the cost of the insurance, 21.7 Certificates furnished by Ymax or Ymax's contractors'shall contain a clause staling: Verizon West Virginfa inc. shall be notified in writing at least thirty (30) . days prior to cancellation of, or any materia! change in, the insurance.': 22. intellectual Property . 22.1 Except as expressly stated in this Agreement, (his Agreement shall not be construed as granting a license with respect io any patent, copyright, trade name, trademark, service mark, trade secret or any other intellectual property, now or hereafter owned, confrolied or licensable by either Party. Except as expressly slated in this Agreement, neither Party may use any patent, copyrightable materials, trademark, trade name, lrade secret or other inteikctuaf property right, of the other Party except in accordance with the terms of a separate license agreement between the Parties granting such rights.
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EXHIBIT - B WKC 000025 22.2 Except as stated in Section 22.4, nelther Party shall have any obligatlon to defend, lndemnify or hold harmless, or acquire any license or right for the benefit ., of; or owe any other obligation or have any ftabifify to, the other Party or its Affiliates or Customers based on or arising from any Third Party Claim dlleging or . assertlng that the provision or use of any service, facility, arrangement, or . softwareby either Party under this Agreement, or the performance of any service or method, either atone or In co~~binatlonwith the other Party, conslitutes direct, vicarious or conirlbutory Infringement or inducement to infringe, or misuse or misappropriation of any patent, copyright, trademark, trade secret, or any other proprletary or intellectual property rlght 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 US€ BY EACH PARTY OF THE OTHER'S SERVICES PROVIDED ff NDER THIS AGREEMENT SHALL NOT GIVE RISE TO A CtAlM OF INFRINGEMENT, MISUSE, OR MlSAPPROPRiATlON OF ANY INTELLECTUAL PROPERTY RIGHT. . 22,4 Ymax agrees that the Services provided by Verizon hereunder shall be subject to the terms, conditions and restrictions contalned In any applicable agreements (including, but not limited to software or other lnteliectual property license agreements) between Verlzon and Verizon's vendors. Verizon agrees to advise Ymax, directly or through a third party, of any SUG~terms, oondllions or restrictions that may limil any Ymax use of a Service provided by Verizon that is otherwise permitted by this Agreement, At Ymax's written request, to the extent required by Applicable Law, Verizon wilt use Verizon's best efforts, as commercially praciicable, to obtain intellectual property rights from Verizon's vendor to allow Ymax to use the Service in the same manner as Verlzon that are . coextensive with Verizon's intellecluai property rights, on terms and conditions that are equal in quallty to the terms and condifions under which Verizon has obtalned Verizon's intellectual property rights. Ymax shali reimburse Verizon for the cost of obtaining such rights. , 23. Joint Work Product The Prlnclpai Document is the joint work product of the Parties, has been negotiated by the Parfies, 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 taw enforcement authorities and national security authorilies to the full extent required or permitted by Applicabla Law in rnafters related to Services provlded by it under this Agreement, Including, but not limlted 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 andlor national security operations, and, the instailation of wiretaps, trap-and-trace facili!les and equipment, and dialed number recording faciiities and equfpment.
. 24.2 A Party shall not have the obligation to Inform the other Party or the Customers of the other Party of actlons taken in cooperating wi!h law enforcement or naiionai securily authorities, except to the extent required by Applicable Law.
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EXHIBIT - B WKC 000026 243 Where a law enforcement or national security request relates to the establishment of lines (including, bot not limited fo, lines established to support hterceptlon of communications on other lines), or the insiallation of other services, facilities or arrangements, a Party may act to prevent the other Party .from obtaining access to information concerning such lines, services, facllities and arrangements, through operations support system Interfaces. 25. Liability 25.1 As used In this Section 25, "Service Fallure" means a failur6 to comply with a direction to install, restore or terminate Services under this Agreement, a failure to provide Servbes 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 otherw{se stated In Section 25.5, the liabitlty, if any, of a Party, a Paiiy's Affliates, and the directors, dfficers and employees of a Party and a Party's Afftliates, to'the other Party, the other Party's Customers, and to any ojher person, for Claims arising out of a Service Failure shall not exceed an amount equal to fhe pro rata applicable monthly charge for the Services that are subject to the Service Faiiure 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, (he other Party'&Customer$, or to any olher person, in connection with this Agreement (Including, bul not limited to, in connection with a. Service Failure or any breach, delay or failure in performance, of thbAgreement) for special, indirect, incidental, consequential, reljance, exemplary, punltfve, or like damages, including, but not limited to, damages for lost revenues, profits or savings, or other commercial or economic loss, even ff the person whose liability is excluded by thls Section has been advised of the possibility of such damages. 25.4 The limitations and exclusions of llabllity 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, Indemniflcatfon, or 41, Taxes. 2552 for any obligation to indemnify, defend and/or hold harmless fhat a Party may have under this Agreement. 25.5.3 for damages arising out of or: resuiting from bodily injury io or death of any,pewon, or damage to, or destruction or loss of, tangible real andlor personal property of any person, or Toxic or Hazardous Substances, to the extent such damages are otherwlse recoverable under Applicable law; 25.5.4 for a clalm for infringement of any patent, copyrtght, trade name, trade mark, sewice mark, or other intellectual property Interest; 25.55 under Section 258 of the Act or any order of FCC or the Commission lmpiernenllng Section 258; or
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MHlBlT - B WKC 000027 25.5.6 under the financtal incentive or remedy provisions of any service quality plan required by the FCC or the Commission. 25.6 In the event that the iiability of a Party, a Party's Affiliate, or a director, offker or employee of a Party or a. Party's Affiliate, is limited and/or excluded under both thls Sectton 25 and a provtslon ofan applicable Tariff, the Ilability of the Party or other person shall be limited to the smaller of the amounts for which such Party or other person would be fiable under this Secffon or the Tariff provision. 25.7 Each Party shail, In Its tariffs and other contracts with its Customers, provide that In no case shall fhe other Party, the ofher Party's Affiliates, or the directors, oMcers or employees of thsother 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 Fatlure. 28. Network MtlnaQement 26.1 Coomration. The Parlies wlil work cooperatively in a commercially reasonable manner to install and mafntaln a reliable network. Ymax and Verizon wlil exchange appropriate Information (e.g.; network Infamation, rnalntenance .contact numbers, escalation procedures, and information required to comply with requirementsof law enforcement and national security agencies) to achieve thls desired reliability. In addition, the Parties wit! work cooperatively In a commerclally reasonable manner to apply sound network management principles ' to alleviate or to prevent traffic congestlon and subject to Section 17, to minlmize fraud associatedwith Ihird number billed calls, calling card calls, and other services related to this Agreement. 26.2 pesoonsibllitv for Followlna Standards, Each Party recognizes a responslbillty to follow the standards that may be agreed to between the Parties and to empioy charaderisks and methods of operatton that will not interfere with or Impair the service, network or facilities of the other Party or any third parties connected with pr 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 Patty") wlll or are likely to interfere with or impair the Impaired Party's provision of services or the.operatirsn 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 necessarjr to prevent such Interference or Impairment, subject to the followlng: 26.3. I Except in emergency situations (ens.,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 thls .. Agreement, the lmpafred Party shall have given the lnterferlng Party at least ten (lo)days' prior written notice of the interference or impairment or potential interference or impairment and the need to correct the condltion within said Ume period; and taken other actions, if any, required by Applicable Law; and, 26.3.2 Upon correction of the interference or impairment, the Impaired Party will promptly restore the Interruptedor suspended Sewice. The impalred Party shall not be obligated to provlde an out-of-service credit . allowance or other compensation to the Interfering Party in connection with the suspended Service.
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MHlBlT - B WC000028 26.4 -d. in the event of an outage or trouble In any Sewice being provided by a Party hereunder, the Providing Party will follow Verhon's standard procedures for isolating and clearing the outage or trouble. 27. Nqn-Exclusive Remedles Except as ofherw1se expressly provided in thls Agreement, each of Ihe remedies provided under this Agreement Is cumulative and is in addition to any. other remedies that may be availabfe under thls Agreement or at law or in equity,
28. Notice of Network Changes Ifa yarly makes a change In the information necessary for the transmission and routing of services uslng that Party's facilities or network, or any other change in it5 facilities or , network that will matedally affect the interoperabillty of its facilities or network with the . other Party's fadllties or network, the Party making the change shall publlsh notice of the . change at least ninety ($30)days in advance of such change, and shall use reasonabfe .efforts, as commercially practicable, to publlsh such notice ai 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 (includlng, but not limited to, 47 CFR 51.325 through 5-l.335)notice shall be given at the time requlred by Applicable Law. . 29. Notices 29.1 Except as otherwise provided in this Agreement, notices given by one Party to ... ' the olher Party under this Agreement: ' .. 29.1.7 shall be In wifing; ' 29.1.2 shall be delivered (a] personally, (b) by express delivery servlce wllh next Business Day delivety, IC) by first class, certified or reglstered US. mall, 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 Ymax: Peter Russo Director of Finance 223 Sunset Avenue, Suite 223 Palm Beach, FL 33480 Telephone Number: (561) 832-3140, Ext.: None , Facsimile Number: (561) 832-8377 Internet Address: [email protected]
To Verizon: Director-Negoliatlons Verlzon Partner Solutions 600 Hidden Ridge HQEWMNOTICES Itvlng, TX 75038 Facsimile Number: (972) 719-1519 Internet Address: wmnotices@verizon,com
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EXHIBIT - B WKC 000029 with a copy to: ’ Vice President and Deputy General Counsel Verizon Partner Solutions 1515 North Court House Road Suite 500 . Arlington, VA 22201 Facsimlle: (703)351-3664 or to such other address as either Party shalt designate by proper noiice, Notlces will be deemed given as of the earlier of (a) where there is personal dellvery of the notice, the date of actual recelpt, fb) where the notice is sent via express delivery service for nexf Business Day delivery, the next Business Day after the notice Is sent, (c) where the notice is sent via First Class US. Mail, fhree (3) Business Days after maillng, (d) where notice Is sent via certified or registered US. mail, the date of receipt shown on the Postal Service receipt, and (e) where the notlce is sent.vla facsimile telecopy, if the notice Is sent on a Business Day and before 5 PM, in the tlme zone where it is received, on Ihe 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 tetecopy conflrrnation. 30, Ordering and Maintenance Ymax shall use Vetiron’s electronic Operations Support System access platforms to submit Orders and requests for maintenance and repair of Servlces, and to engage in other pre-ordering, ordering, provislonlng, maintenance and repair transactions. If Verizon has not yet deployed an electronic capability for Ymax to perform a pre-ordering, ordering, provisioning, maintenance or repalr, iransaction offered by Ven‘zon, Ymax shall use such other processes as Verizon has made avallable for performing such transactton (including, but not limited, to submission ofOrders by telephonic facsimile transmission and placing trouble reports by voice telephone transmission). 31, Performance Standards 31.1 Verizon shall provide,Servicesunder this Agreement In accordance with the performance standards required by Appkable Law, including, but not limited lo, Section 251 (c)of the Act. . 31.2 Ymax shall provide Services under thls Agreemeht in accordance with the performance standards required by Applicable Law. 32. Point of Contact for Ymax Customers 32.1 Ymax shall estabiish telephone numbers and mailing addresses at which Yrnax Customers may communicate with Ymax and shalt advise Ymax Customers of these telephone numbers and mailing addresses. 322 Except as otherwise agreed lo by Verizon, Verizon shall have no obligacon, and may decline, to accept a comrnunlcation from a Ymax Cuslomer, including, but . not llmlted to, a Ymax Customer request for repair or maintenance of a Verizon Service provided to Ymax.
33. Predecessor Agreements 33,1 Except as stated in Section 33,2or as othewise agreed In writing by the Partles:
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EXHIBIT - BWKC 000030 33,l.l Further to the provisions of Section 1 of the General Terms and . Conditions of this Agreement, any prior interconnectionor resale .I agreement beiween the Partles for the State of West Virginia pursuant to Section 252 of the Act end in effect prlor to the EHective Date Is hereby amended, extended and restated; 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 West Virginia pursuant to Saction’252 of the Act and in , ‘effect prior to the Effective Date, shati as of’the Effective Date be subject io and purchased under this Agrsement. 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 commilment that it would be purchased for a period of longer than one month, and such period . had not yet expired as of fhe Effectlve Date and the Service had not been terminated prlor to the Effective Dale, to the extent not inconsistentwith this Agreement, such commitment shall remain in effect and the Service will be . purchased under thls Agreement; provided, Mat if this Agreement would materially alter fhe terms of the commitment, eifher Party may elect to cancel the commitment. 33.3 If eilher Party elects to cancel the commttment pursuant to 1h.e proviso in Section 33.2, the Purchasing Party shall not be liable for any termination charge that would otherwise have applied. However, If the commitment was cancelled by the Purchasing Party, the Providing Party shall be entitled to payment from the Purchasing Party of the difference between the price of the Service that was actually paid by the Purchasing Parly under the commitment and the price of the Service that would have applied if the commttment had been to purchase the Service only untlt {he 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 figents, shall not use the other Party‘s trademarks, service marks, logos or other proprietary trade dress, in connection with Ihe sale of products or services, or in any advertising, press releases, publicfly matters or other promotional materlais, unless the other Party has given its written consent for such use, which consent the other Party may grant or withhold In !Is sole discretion. 342 Neither Party may imply any dlrect 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 Sectlon 34 shall be considered a material breach of lhls Agreement.
35. ,References 35.1 All references to Sectlons, Appendices and Exhibits shall be deemed to be references to Sections, Appendices and Exhibits of this Agreement unless the . context shall otherwise re.quire, 35.2‘ Unless the context shall otherwise require, any reference to aTarlff, agreemenl, technical or other document (including Verlzon or thlrd party guides, practises or handbooks). or provision of Applicable taw, Is to such Tariff, agreement, document, or provision of Applicable Law, as amended and supplementedfrom
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EXHIBIT - B WKC 000031 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,l The relatlonship of the Parties under this Agreement shall be that of Independent contractors and nothing herein shall be construed as creating any other relatlonshipbetween the Partles. 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 assuqe, create or incur any tlability or any obllgation of ahy kind, express or Implied, against, In the name or on behalf of fhe other Party unless otherwise ". expressly permitted by such other Party in wrltlng, which permisslon may be granted or withheld by the other Party in Itasole discretion. 36.4 . Each Party shall have sole authority and responslbility to hire, firer compensate, supervise, and ofhewise control Its employees, Agents and contractors. Each Party shall be solely responsible for payment of any Social Securlty or other taxes that It is required by Applicable Law to pay In conjunction with 11s employees, Agents ahd contractors, and for withholding and remitting to the applicable taxing authorities any taxes that it is required by Applicable Law to collect from its employees, 36.5 Except as otherwise expressly provided in this Agreement, no PaAyyndertakes . .. to perform any obligation of the other Pariy, whether regulatory or contractual, or to assume any responsibillty 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,? Notwithstanding anything fo the contrary in fhis Agreement, nelther Party waives, and each Party hereby expressly reserves, its rights; .(a) to appeal or otherwise seek the reversal of and changes in any arbilralion decision assoclated with this Agreement; (b) to bhsllenge fhs lawfulness of this Agreement and any provislan 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; (d) lo chellengs fhe lawfulness and propriety of, and lo seek to change, any Applicable Law, including, but not limited to any rule, regulation, order or decision of the Cornmisston, the FCC,or a court of applicable Jurisdictlon; and (e} to collect debts owed to It under any prior interconnectlonor resale agreements. Nothing In this Agreement shall be deemed to fimlt or prejudice any position a Party has taken or may take before the Commission, the FCC, any other stafe or federal regulatory or legislative bodies, courts of applicable jurisdiction, or industry fora, The provlslons of this Sectlon shall survive the expiration, cancellation or termination of this Agreement.
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EXHIBIT - B WKC 000032 37,2 Ymax acknowledges Ymax has been advised by Verizon that it is Verizon's position that this Agreement contains certain provisions which are intended to reflect Appii'cable Law and Commission and/or FCC arbltration decisions; '38. Subcontractors A Party may use a contractor of the Party (including, but not limited to, an @Tliate of the Party) to perform the Party's obligations under this Agreement; provided, that a Party's ilse of a contractor shall not release the Party from any duty or liability to fulflli the Party's obligations under.this Agreement. 39. Successors and Assigns This Agre'ement shall be binding on and lnure to the benefit of the Pakles and their respective legal successors and permitted assigns, 4 0. Su wiva I The rights, liabilities and obligations of a Party for acts or omissions occunlng'prior to the expiration, cancelation or termination of this Agreement, the rights, liabilities and obligations of a Party kder any provlsfon of this Agreement regarding confidential infotrnatlon (including but not limited to, Sectlon XI), lndemntfiqalion or defense (including, but not limited to, Section ZO), or limitation or exclusion of liability (including, but not limited to, Section 25), and the rights, liabliities 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 termhation of this Agreement, shall survlve the expiration, cancellation or termination of this Agreement, 41. Taxes 41,l in General. With respect to any purchase h'ereunder of Services, If any federal, state or local tax, fee, surcharge or other tax-like charge (a Tax") is required or permlttad by Applicable Law or a Tariff to be collected from the Purchasing Party by the Providing Party, lhen (a) the Providing Party shall properly bill the Purchas1ng.Party for such Tax, (b) the Purbhasing Party shall tlmely remit such Tax to the Providing Party and (c) the Providing Party shall tlmely remit such collected Tax to the applicable taxing authority. 41.2 Taxes imposed on the Providinn Patty. 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 Appllcabie Law permits the Providing Party to exclude certain receipts received from sales for'resale to a public utility, dbtributor, telephone company, local exchange carrier, telecommunications company or other communications company ("TelecommunlcationsCompany"), such exclusion being based solely on the facl that the Purchasing Party is also subject to a tax based upon receipls ("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 ImROsed on Customers, With respaot 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 subscr.iber, end-user, Customer or ultimate consumer ("Subscrlber") in connection with any such purchase, whlch a Telecornmunicatlons Company is required to impose and/or collect from a Subscriber, then the Purchasing Party (a) shall be required to impose and/or
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EXHIBIT - B WKC 000033 collect such Tax from the Subscriber and (b) shall timely remit such Tax to the applicable taxing authority. .
a. 41,4 Liabilitv for Uncollected Tax. interest and Penalty. If the Providing Parly has not . received an exemption'certlficate 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 bekeen the Providing Party and the Purchasing Party, (a) the Purchasing Party shall remain liable for such vnblled Tax and (b) the Providing Party shall be liable for any interest assessed thereon and any penalty assessed with respect to such unbftled Tax by such authority. .If the Providing Party properly bills the Purchasing Party for any Tax but the Purchaslng Party falls to remlt such Tax to the Providing Party as required by Section 41 .II then, as between the Provldlng Party and the Purchasing Pa@, the Purchaslng Party shall be liable for such uncollected Tax and any interest assessed thereon, as well as any penally assessed wj!h respect to such uncollected Tax by the applicable taxing authority. If the Provlding Party does not collect any Tax as
required by Section 41 .Ibecause the Purchasing Perty has provided such I Providing Party with an exemption certificate that is later found to be inadequate by a taxing authority, then, as between the Providlng Party and the Purchasing Party, the Purchasing Party shafi be tiable for such uncoilec&edTgx 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 falls fo pay the Receipts Tax as required by Section 41.2, then, as between the Providing Parly and the Purchaslng Party, (x) the Providing Party shall be liable for any Tax imposed on Its receipts and (y) the Purchasing Party shall be ilable for any interest assessed thereon and any penalty assessed upqn the Providing Party with respect to such Tax by such authority, If the Purchasing Party fails to impose andlor 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 foi such uncollected Tax and.any interest assessed Ihereon, as well as any penalty assessed with respect to such uncofiected 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 bask for any costs incurred by the Providing Party as a result of actlons taken by the applicable taxing aufhorityto recover the Tax from the Provlding 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 audlted by a taxing authority, the other Parly agrees to cooperate fully with the Party being audlted in order to respond to any audit inquiries In a proper and timely manner so fhat the audit andlor any resulfing controversy may be resolved expeditiously. 41.5 Tax Exemptions and ExemDtion Certificates. If Applicable Law clearly exempts a purchase hereunder from a Tax, and if such Applicable Law also provldes an exemption procedure, such as an exemption-certlftcaterequirement, then, If the Purchasing Party complies with such procedure, the Providing Parfy shall not collect such Tax during the effective period of such exemption. Such exemption shall be effactive upon recelpl of the exemptlon certificate or affidavit In accordance with the terms set forth fn Section 41.6. If Appllcable Law clearly exempts a purchase hereunder from a Tax, but does not also provide an exemptlon procedure, then the Providing Party shall not collect such Tax if the Purchasing Party (a) furnishes the Providing Party with a tetter signed by an officer requesting such an exemption and citing the provlslon 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
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EXHIBIT - B WKC 000034 (e.g., an agreement commonly used in the Industry), which holds the Providing . . Party harmless on an after-tax bask with respectto its forbearinglo collect such
Tax. 41.6 All notIc@s,affidavits, exempflon-certlflcatesor other communfcalions requimd or . + permitted to be glven by either Party to the other, for purposes of thls 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 c0urie.r service providing proof of service, and sent to the addressees set forth in Section 29 as well as to the foiiowlng: To Verizon: .. Tax Adminkitration Verizon Comrnunlcations Verfzon Cenfer One Verizon Way Basking Ridge, NJ 07920 To Yrnax: Peter Russo 223 Sunset Avenue, Suite 223 Palm Beach, Florida 33480
Either Party may from time to time designate another address or other addressees by giving notice in accordance with the terms of thls Seclion. Any ' notice or other communioation shall bs deemed to be given when received. 42. Technology Upgrades Notwilhsianding any other provislon of this Agreement, Verlzon shall have fhe right fo deploy, upgrade, migrate and maintain its network at its discretion. The Parties acknowledge that Verizon, af Its electton, may deploy fiber throughout lis network and that such fiber deployment may inhibit or facilitate Ymax's ability to provide servlce using ' certain technologles. Nothing in this Agreement shall limit Verizon's abflity to modify its nebork through the incorporalion of new equipment or software or otherwise, Ymax shall be solely responsible for the cost and activities associated wfth sccommodafing such changes in Its own network.
43. Territory . ' 43.2 . This Agreement applies to the territory In which Verlzon operates as an Incumbent Local Exchange Carrier in the State of West Virginla. Verizon shall be obligated to provide Services under this Agreement only within this territory. 43.2 NoMthstanding any other provision of this Agreement, Verizon may terminate this Agreement as to a specfflc operatlng territory or portion thereof if Verizon sells or otherwise transfers its operations in such territory or portlon thereof to a . third-person. Verizon shall provide Ymax with at least 90 calendar days prior written notice of such termination, which shall be effective upon the date specified in the noti.ce. 44. Third Party Beneficiaries Except as expressly set forth tn this Agreement, thls Agreement is for the sole benefit of the Parties and their permitted assigns, and nothing herein shall create or be construed
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EXHIBIT - B WKC 000035 to provide any third-persons (including, but not limited to, Customers or contractors of a Party) wlth any rights (Including, but not Hmlted to, any third-pariy beneficiary rights) hereunder, Except as expressly set forth in this Agreement, a Party shall have no liablli6 under this Agreement to the Customers of the other Party or to any other third person. 45. [This Section intentionally Leff Blank] 46. 252(i) Obligations To the extent requlred by Appficabte Law, each Party shalt comply with Section 25211) of the Act. To the extent thatthe exercise by Ymax of any rights it may have under Sectiop 252(i) results in the rearrangement of Services by Verizon, Ymax shall be solely Ilabfe for all costs associated therewith, as well as for any termination charges associated with the termlnatlon of existtng Verizon Services. . 47. Use of Servico Each Party shall make commercially reasonable efforts to ensure that iis Customers comply the provisions this Agreement (including, but not limited to the provisions wllh of ’ 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 provislons 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 provislons ofthis Agreement, orto exercise any option which is provlded under this Agreement, shall in no way be construed lo be a waiver of such provisions, rights, remedles or options. 49. Warrantles 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 DlSCLAfM ANY OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO,
. .. - BY TRADE CUSTOM,TRADE USAGE, COURSE OF DEALINGQRPERFORMANCE, OR OTHERWISE. 50. Wlfhdrawal of Services 50.1 Notwithstandinganything contained in this Agreement, except as otherwise requlred by Applicable Law, Verizon may terminate its offering andlor provision of any Servtce under this Agreement upon thlFty (30) days prior written nolice to Ymax. 50.2 Notwithstandinganything contalned In this Agreement, except as otherwise required by Applicable Law, Verlzon may wlth thirty (30)days prior wrltten notlce to Ymax terminate any provision of this Agreement that provides for the payment by Verlzon to Ymax of compensation related to traffic, including, buf no& Iirnlted to, Reciprocal Compensation and other types of compensation for termination of traffic delivered by Verizon to Ymax. Followlng such termlnatlon, except as otherwise agreed In writing by the Parties, Verlzon shall be obllgated to provide compensation to Ymax related to traffic only to the extent requlred by Applicabte Law. IfVerizpn exercises its right of terminaiion under this Section, the Parlies
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DtHlBlT - B WKC 000036 shall negotiate In good faith appropriale substlluts provisions for cornpensallon . * ... related to traffic; provided, however, that except a8 otherwise voluntarily agreed by Verizon in wrltlng in'its sole discretion, Verizon shall be obligated to provide compensation to Ymax related to traffic only to the exterit required by Applicable Law. If wlthln thirty (30) days afferVerizon's notice of termlnatlon !he Parties are unabie fo agree In wrffing upon mutually acceptable substitute provisfons for compensat1on.related to traffic, elther .Party may submlt their disagreement to dispute resolution in accordance with Sectlon 14 of thls Agreemenf. .
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EXHIBIT - B WKC 000037 SIGNATURE PAGE '
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the Effective Date.
Printed: Gary Librlzzl
Title: Director of Flnance title: Director - Negotiatlons
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EXHIBIT - B WKC 000038 , GLOSSARY
.I. General Rule . 1.1 The provisions of Sections 1.2 through 1.4 and Section 2 pppfy with regard to the Prlnclpal Document. Terms used in a Tariff shall have the meanings stated In the Tariff. I.2 Unless the contexl clearly indicates otherwise, when a term listed in this Glossary is used In the Principal Document, the term shall have the meaning Stat8d in this Glosqary; A deflned term Intended to convey the meaning stated In thls Glossary Is capltallzed when used. Ofher tems that are capitalized, and not defined in thls Glossary or elsewhere In the Principal Document, shall have the meaning stated in !he Act, Addittonat definitions that are speclflc to the matters covered In a particular provlsion of the Principal Document may appear in that provision. To the extent that there may be any conflict between a dsfinitlon sef forth in this Glossary and any definition In a speclfic ptovision, the definltRn set forfhIn the specific provlslon shall control wlth respecl to that provision. 1.3 Unless the contexl clearly Indicates othewlse, any term defined In thls Glossary whlch 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 !he singular. ,. .1.4 The words "shall" and "willFare used Interchangeably throughout the Prlnclpal Document and the use of elther indicates a mandatory requlrement, The use of one or the other shall not confer a different degree of right or oblfggatlon for eilher Party. 2, Definitions 2.1 Act. The Cornrnunkatlons Act of 1934 (47 U.S.C. $161 et seq,), as from time to time amended (including, but not tlmlted to, by the Telecommunications Act of 1996), 2,2 Advanced Services. . As a generaf matter, shall have the meaning set forth by the FCC. 2.3 Affiliate. Shall have the meaning set forth In the Act.
2.4 Agent. , An agent or servant.
2.5 Agreoment. This Agreement, as defined in Section 1 of the General Terms and Conditions.
2.6 Ancillary Trafflc. ' All traffic Ihat Is destined for ancillary services, or that may have special billing
n
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EXHIBIT - 6 WKC 000039 requirements, including but not limited to the foltowlng: directory assistance, 91VEQI 1, operator selvfces {IntralATA call completion), IntralATA third party, collect and calling card, 800/888 database query and LID&
2.7 ANI (Automatlc Number Identificailon). 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 underthis.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 intetconnectlon. ..
ATIS.
' The Alliance for telecommunications Industry Solulions. BFR (Eona Ffde Request). The process described in lhe Network Element Attachment that prescribes the terms snd conditions relaNng to a Pady's request that the other Party provide a UNE that it is not otherwlse required to provide under the terms of this Agreement.
2,12 Business Day. Monday through Friday, except for holidays observed by Verizon.
2.13 Calendar Quarter. Jqnuary through March, April through June, July through September, or October through December.
2.14 Calendar Year. January through December,
2,15 'CCS(Common Channel Signaling). .A method of transmittingcail set-up and network control data uver a digital signaling network separate from the pubtic switched telephone network facilities
that carry the actual voice or data content of the call. ,
2.16 Central Office. An End Office or Tandem. Sometimes this term is used to refer to a telephone company buildlng in which switching systems and tslephone.equipment are ins tailed,
2.17 [Intenlionaliy Left Blank].
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EXHIBIT - B WKC 000040 2.58 C1 a 1 m s.
Any and ail claims, demands, suits, actions, setttements, judgments, fines, . penalfles, Ilabilities, injuries, damages, losses, costs (including, but not limited to, court costs), and expenses {Including, but not limited to, reasonable attorriey’s fees),
’ 2.19 CLEC (Cornpetitfve Local Exchange Carrier), Any Local Exchange Carrler other than Verizon that is operattng as a Local Exchange Carder In the territory in‘whlch Verizon operates as an tLEC in the .. State of West Virginia. Ymax is or shortly wltl become a CLEC. ‘2.20 CLLi Codes. Common Language Location Identifier Codes, 2‘21 CMDS (Ceritrallzed Message DistributionSystem). The billing record and clearing house transpod system that LECs use to exchange out collects and in collects as well as Caider Access Billing System (CABS) records.
2.22 Commfsslon. .West Wrginla Publio Sewice Commfsslon. .. 2.23 CPN (Calling Party Number). ACCS parameter that identifles the calling party’s telephone number.
2,24 CPNl (Customer Proprietary Network Informatton}, Shall have the meaning set forth in Section 222 of the Act, 47 U.S.C. 0 222.
2.25 Cross Connection. For a coliocatton arrangement, the facilities between the coflocatlng 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).
2.26 Customer. A fhfrd party residence or business end-user subscriber to Telephone Exchange Sewices provided by either of hePartles. 2.27 Dark Fiber IOF (Dark Fiber interoffice Faclllty).
Consisfs of fiber strand($) that are located wlfhh 8 fiber optic cabie between ‘ either (a) accesslble termlnals in two or more Verizon Central Offices or (b) an accessible terminal in a Vsrlzon Central Office and an accesslble terminal in a Ymax Central Office, but, in either case, that has not been activated through’ connection to multiplexing, aggregation or other electronlos fhat “lfght It” and thereby render it capable of carrying Telecommunications Services.
2.28 Dark Fiber Loop.
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EXHIBIT - B WKC 000041 Consists of fiber opflc sirand(s) In a Verizon fiber,opficcable between Verizon's accessible terminal, such as the'fiber distribution frame, or jts functional, equivalent, located within a Verizon Wire Center, and Verizon's accessible terminal located in Verizon's main termination point at a Customer premises, such as a fiber patch panel, and that has not been activated through connection to electronics that "lfght" it and render it capable of carrying Telecommunications Services.
2.29 Dark Fiber Sub-Loop, . - Consists of fiber optic sfrand(s)in.a Verfzon fiber optic cable (a) between ' Verizon's accesslble terminal located within a Verizon Wire Center, and Verlzan's accessible terminal at a Verizon remote terminal Gqulpment enclosure, (b) between Verizon's accessible terminal at a Verlzon remote terminal equipment enclosure and Verizon's accessible terminal located tn Verizon's main .termination point located within a Customer premises, or (c) between Verizon's accessible termhais at Verizon remote terminal equipment enclosures, and that in all cases has not been activated through connection to eleclronlcs that Yght" It and render It capable of carrying TelecommunicationsServices.
2.30 Digltal SIgnal Level. One of several transmission rates in the time-division multiplex hlerarchy, 2,31 DSO (Digital Signal Level 0). .. g. ' The 64kbps zero-level signal in the time-division multiplex hierarchy. . 2.32 DSI (Dfgital Signal Level I), The 1.544 Mbps first-levet signal in the lime-division multiplex hierarchy, 2,33 DS3 (Digital Signal Level 3). The'44.736 Mbps thIrd-level signal in the time-division multipiex hlerarchy.
2.34 EM1 (Exchange Message Interface). Standard used for the Interexchange of telecommunications message information between local exchange carriers and Interexchange carriers for blllabie, non- billable, sample, settlement and study date. 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 ASIS. 235 End Office.
A switching entity that is used for connactlng lines to lines or lines to trunks for , the purpose of originatlnglterminating calls. Sometimes this term Is used to refer to a telephone company building in whtch switching systems and telephone equipment are installed.
2.36 Entrance Facillty. The facilities between a Party's deslgnated premises and the Central Office serving that designated premfses.
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EXHIBIT - B WKC 000042 2,37 Exchange Access., Shall have the meaning set forth In the Act.
2-38 Extended Local Calling Scope Arrangement, .. An arrangement that provides a Customer a focal calling scope (Extended &ea Service, "EAS"),outside of the Customer's basic exchange serving area. Extended Local Calling Scope Arrangements may be either optlonal or non- optlonal. "Opttonal Extended Local Calling Scope Arrangement Trafflc" 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.
2.39 FCC. The Federal Cornmunfcations Cornmlss,ion.
2.40 FCC Internet Order. Order on Remand and Report and Order, In fhe Msfter oflmpiemenfefionoffhe Local Competition ProvMns in the' TeleoommunlcationsAct of f996, Inlercanier CompensaNon for ASP Bound Traffic, FCC 01-13?,CC Docket Nos, 96-98 and . 99-68, (adopted Aprll 18, 2001).
2.41 FCC Regulations. The unstayed, effective regulations promulgated by the FCC, as amended from time to the.
2.42 FNID (Fiber Network Interface Device). A passlve fiber optic demarcation unit designed for the interconnectionand demarcation of optical fibers between two separate network providers.
2.43 House'and Riser Cable, A two-wire metallic distribution facility In Verizon's network behveen the minimum point of entry for a building where a premises of a Customer is located (such a point, an "MPOE") and the Rate Demarcation Point for such facility (or NID) If the NID is located at such Rate Demarcation Point).
2.44 IDLC (Integrated Digital Loop Carrier). A subscriber Loop carrier system that integrates withln the switch at a DSI iovel, which is twenty-four (24) Loop transmission paths combined into a 1.544 Mbps dlgitat signal.
2.45 iLEC (Incumbent Local Exchange Carrier). Shall have the meaning stated in the Act,
2.46 information Access. The provision of specialized exchange telecommunlcatlonsservices in connection with the origlnation, termination, transmission, switching, forwarding or routing of telecommunications traffic to or from ihe facilities of a provider of informationservices, Including a provider of Internet access or Internet
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EXHIBIT - B WKC 000043 transmissionservices.
2.47 lnslde Wire or Inside Wiring. All wire; cable, terminals, hardware, and other equipment or materials, on the Customer's side of the Rate.Demarcation Polnt.
2.48 Internet Tramc. Any traffic that is transmitted to or returned from the Internet at any polnl during the duration of the transrnlssion.
2.49 1nle rlATA Service. Shall have the meaning set forth in the Act,
2.50 IntratATA. Telecommunicalions that originate and terminate withln the same LATA.
.2.51 [Intentionally Left Blank]. 2.52 ISDN (Integrated Services Digital Network). A switched network service providing end-to-end digital connectivity for the simultaneous transmisslon of voice and data. Basic Rate Interface-ISON {BRI- ISDN) provides for digital transmlssion of two (2) 64 kbps bearer channels and one (I)16 kbps data and signaling channel (28+0).Primary.Rate Interface- ISDN (PRI-ISDN) provldes for dlgltal transmisslon of twenty-three (23) 64 kbps bearer channels End ons (I)64 kbps data and signaling channel (23B+D),
2.53 1XC (Interexchange Carrier). A Telecommunications Carrier that provldes, directly or lndlrectly, InterLATA or intraLATA Telephone Toli Services.
2.54 LATA (Local Access and Transport Area). Shall have the meaning set forth in the Act. 2.55 LEC (Local Exchange Carrier). Shall have.the meaning set forth in the Act.
2.56 LERG (Local Exchange Routing Guide). A Teicordia Technologies reference containing NPAINXX routing and homing Information.
2.57 L~DB(Line informatfon Data Base). Llne Information databases which provide, among other things, calling card validation functionality for telephone !ne number cards issued by Verlzon and other entities and validation data for collect and third number-bllled calls (ems., data for billed number screening).
2.58 Line Side.
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EXHIBIT - B WKC 000044 An End Office cannectlon that provides fransmlsslon, svdblng 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.
2.59 Loop. A transmission path that extends from a Maln Dlstrlbuflon Frame or functionally comparable piece of equipment in a Customer’s serving End Office, to the Rate Demarcation Point (or NID If installed at the Rate Demarcation Point) in or at the . Customer’s premises. The actual transmission facilifies used to provide a Loop, may utilize any of several technologies,
2.60 LSR (Local Servlce Request). An Industry standard form, whIch contains data elements and usage rules, used by the Parties to establish, add, change or disconnect resold TelecommunicationsServices and Network Elements...... 2,61 Maintenance Coh-ol Office. ’ . Elher Party’s center responsible for control of the maintenance and repair of a circuit.
2.62’ MDF (Maln Distribution Frame). The primary point at which outside plant facilities terminate within a Wire Center, for fnfsrconnection to other Telecommunications facillties wlthln the Wire Center. The distribution frame used to interconnect cable patrs and line trunk equipment terminating on a switching system. 283 Measured Internet Traffic. Dial-up, switched Internet Traffic originated by a Cuslorner of one Party on that . -Party’s network at a point in a Verlzon 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 Verlzon local calling area. Verizon local calllng areas shall be as defined by Verizon. For the purposes of this definition, a Verizon local calling area includes a Verlzon non-optional Extended Locaf Calfing Scope Arrangement, but does not include a Verizon optlonat Extended Local Calltng Scope Arrangement. Calls originated on a I+prdsubscription basis, or on a casual dialed (1OXW101XXXX) basis, are not considered,Measured Internet Traffic. For the avoldance of any doubt, Vlrtual Foreign Exchange Traffic (Le,, VlFX Traffic) (as defined In the lnterccnnectlon Attachment) does not constitute Measured Internet Traffic. 2.64 MECAB (Mulfiple Exchange Carrier Access Bllllng). . A document prepared by the Blillng Committee of the Ordering and Billing Forum (OBF), which funcfions under fhe auspices of tho Carrier Liaison Committee (CLC)of ATIS. The MECAB document, published by ATIS as “ATISIOBF- MECAB”, as revised from time io time, contains the recommended guidetinas for the billing of an Exchange Access Service prowdby two or more LECs, or by one LEC In two or more states, within a single LATA.
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EXHIBIT - B WKC 000045 2.65 MECOD (Multiple Exchange Carders Ordering and Design Guidelines for Access Services - Industry Support Interface), .. A document developed by the OrderinglProvisloning Committee under the auspices of the Ordering and Billing Forum (OBF), which functions under the auspices of the Carrier Llaison Committee (CLC) of ATIS. The MECOD document, publtshed by ATIS as "ATIS/OBF-MECOD", as revised from time to the, esfabflshes methods for processing orders for Exchange Access Service that Is to be provided by two or more LECs. 236 [Infenfionaily Left Slankj. 2.67 NANP (North American Numbering Plan). The system of telephone numbering employed In !he United Stales, 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 gs the area code), followed by a 3-diglt NM code and 4 digit llne number.
* 2.68 Network Element, Shall have the meaning stated in the Act. 2.89 NID (Network interface Device). The Verizon provided interface terminating Verizon's Telecommunications network on the property where the Customer's service is located at a point determined by Verizon. The NID contains an FCC Part 68 registered jack from which inside Wire may be connected to Verizon's network. 2.70 Non Revertive, Where trakis redirected to a protection line because of failure'of a working line and the working llne is repaired, traffic wlll remaln on the protectlon line until there is ellher manual intetveniion or a failure of the proteclion line.
2.71 NPA {Numbering Plan Area). Also sometimes referred to as an area code, is !he flrst three-digit indicator of each 70-digit telephone numbar wlthin fhe NANP. There are two general categories of NPA, "Geographic NPAs" and Won-Geographic NPAs". A Geographic NPA Is associated with a.dsfined geographic area, and ail telephone numbers bearing such NPA are associated with services provided within that geographtc area. A Non-Geographic NPA, also known as a "Service Access Code" or "SAC Code" Is typically associated wilh a specialized Telecommunications Service that may be provided across multiple geographic NPA areas. 50OI700,80D, 888 and 900 are examples of Non-Geographic NPAs. 2.12 NXX, NXX Code, Central Office Code or CO Code.
The three-digit switch entity Indicator (Le. the first three dlglts of B seven-dlglt telephone number). 2.73 Order. An order or applicatfon to provide, change or terminate a Service (including, but
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EXHIBIT - B WKC 000048 not Ilmlfed to, a comrnifrnent to purhase a stated number or minimum number c lines or other Services for a stated period or minimum period of time),
2.74 Originating Switched Access Detail Usage Data.
A category 1101XX record as defined i'n the EM1 Telcordla Practlce BR-010-200- . I. 010.
2.75 PO1 (Point of interconnection). The physical location where the Parties' respective facilities physically interconnect for the purpose of mutually exchanging thelr traffic. As set forth In the interconnection Attachment, 8 Point of Interconnection shall be at (I) a technlcally feasible point on Verlzon's network In a LATA andlor (11) EL fiber meet polnt to which the Parties mutually agree under the terms of this Agreement. By way of example, a technically feasible Point of Interconnection on Verlzon's network in a LATA would include an applicable Verizon Tandem Wire Cen'ter or Verizon End Office Wre Center bot, notwithstanding any ofher provision of this Agreement or otherwise, would not include a Ymax Wire Center, Ymax swifch or any portion of a transporl facllity provided by Verizon to Ymax or another party between (x) a Verizon Wire Center or switch and [y) the Wire Center or switch of Ymax or another party.
2.76 Port.
A line card (or equivalent) and assoclated peripheral equipment OR an End Mfice (circuit swltched only) that interconnectslndivldual Loops or individual Customer trunks with the circuit switching components of such End Oflice and the associated circuit swAchlng functionality in that End Office. Each Port is typically assoclated with one (or more) telephone number(s) lhat serves as the Customer's network address. The Port Is part of ths provisfon of the unbundled local circuit swifchlng element.
2.77 Primary Reference Source. Equlpment that provides a timing signal to synchronize network elements.
2.78 Principal Document. This document, including, but not limited to, the Title Page, the Table of Contents, th8 Preface, the General Terms and Conditions, the signature page, (his Glossary, the Attachments, and the Appendlces to the Attachments.
2.79 Providing Party. A Party offering or providing a Servtce lo the other Party under this Agreement.
2.80 Purchasing Party. A Party requesting or receiving a Service from the other Party under this Agreement.
. 2.81 Rate Center Area, The geographic area that has been identitled by a glven LEC as being assoclated wfth a particular NPA-NXX code assigned to the LEC for Its provision of Telephone Exchange Services. The Rate Center Area is the exclusive
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- EXHIBIT - B WKC 000047 geographic area that the LEG has identified as the area within which It will provide Telephone Exchange Servlces bearing !he particular NPA-NXX deslgnatlon associated with4he specific Rate Center Area.
2.82 Rate Center Point. A specific geographic point, deflned by a V&H coordinate, located within the Rate Center Area and used to measure dbtance for the purpose of billing for distance- sensitive Telephone Exchange Services and Toii Traffic. Pursuant to Telcordia Practice BR-795-100-100,the Rale Center Point may be an End Office location, or a "LEC Consortium Point Of Interconnectioir."
2.83 Rate Demarcation Point. The physical poh in a Verizbn provlded network faclllly at which Verizon's responsibiijty for malnisinhg that nefwork facllify ends and the Customer's responsibilily far maintalnlng the remainder of the facility begins, as set forth in **' this Agreement, Verizon's applicable Tariffs, If any, or as otherwise prescribed under Applfcable Law.
2.84 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 Compensatlon TraMc originating on one Party's nelwork and termhating on fhe other fatty's . network (as set forth in Section 7 of the Interconnection Attachment).
2.85 Reclprocal Compensation Traffic. Tetecornmunlcationstraffic originated by a Customer of one Party on that Party's network and terminated to a Customer of the other Party on that other Pariy's network, except for Telecommunicationstrafh that is intersfate or intrastate Exchange Access, Information Access, or exchange services for Exchange Access or Informatlon Access, The determination of whether Telecommunications traffic is Exchange Access or lnformatlon Access shall ba based upon Verizon's local calling areas as defined by Verizon, Recfprocal
Compensation TraffIc does not Include the followlng traffic (it belng understood , that certain traffic types will fall into more than one (I)of the categorjes below that do not constitute Reciprocal Cornpensation Traffic): (1) any lnternet Traffic: (2) traffic that does not originate and termlnate withln the same Verlzon local calling area as denned by Verizon, and based on the actual orlglnating and terminating points of the complete end-to-end communication; (3) Toti Trafflc, ' including, but not limited to, calls originated on a I+presubscriptlon basis, or on a casual dialed (lOxxxllO~xxW)bask; (4) Oplonal Extended local Calling Scope Arrangement Traffic; (5) special access, private line, Frame Relay, ATM, or any other traffic that is not switched by the termhating Party; (6) Tandem Transit Traffic; (7) Voice Information Service Traffic (as defined In Sectlan 5 of the Additional Setvices Attachment); or, (8) Virlual Forelgn Exchange Traffic (or VIFX Traffic) (as deflned in the Interconnection Attachment). For the purposes of this definition, a Verizon local calling area Includes B Verizon non-optional Extended Local Calling Scope Arrangement, but does not include a Verizon optional Extended Local Calflng Scope Arrangement.
2.86 Retaii Prices.
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EXHIBIT - B WKC 000048 The prices at which a Service is provided by Verizon at retail to subscribers who are not TeiecommunlcatlonsCarriers. 2.87 Rouling Poht. - A specific geographic point identified by a speciflcV&Hcoordinate. The Routing Polnt is used to route inbound traffic to speclfied NFA-NUS, The Routing Point must be located within the LATA in which the correspondingNPA-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 correspondfng Rate Center Area, nor must there be a unique and separate Routing Point corresponding to each unique and separate Rate Center Area, 2.88 Service. Any Interconnection arrangement, Network Element, Teiecommunlcallons Service. collocation arrangement, or of her service, faclllty or arrangement, offered by a Party under this Agreement. . .. 2.89 SS7 (Signaling Sy&m 7). The common channel out-of-band signaling protocol developed by the Consultative Cornminee for Internationai Telephone and Telegraph (CCITT) and the American National Standards Institute (ANSI). Verizon and Ymax currently . utllize'this out-of-band sfgnaiing protocol. 2.90 Subsidlary. -. A corporation or other person fhat is controlled by it Party. 2.91 Sub-Loop Distribution Facility. A two-wire or four-wire metallic distrlbution facitity in Vetizon's network between a Verizon feeder distrlbuljon interface (UFDI") and the Rate Demarcation Polnt for such facillty (or NID if the NIR is located at such Rate Demarcatlon Point). 2.92 Sub-Loop Feeder Facifity, A DS1 or RS3 transrnlssion path over a feeder facility In Verizon's network between a Verizon €~dOffice and eithsr a Verizon remote terminal equipment enclosure (an "TEE") that subtends such End Offlce or a Verizon FDI that subtends the End Office.
2.93 Switched Exchange Access Service. The offering of transmlsslon and switching services for the purpose of fhe 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 R, 700 access, 800 access, 888 access and 900 access. 2.94 Tandem. . A sWchlng entity that has blilfng and recordlng capabilities and Is used to connect and switch trunk circuits between and among End Offlces and between and among End Offices and carriers' aggregatioi, points. points of terrninatlon, or points of presence, and to provide Switched Exchange Access Services.
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EXHIBIT - B WKC 000049 Sometlmes thls term Is used to refer to a telephone company bulldlng in which switching systems md telephone equipment are installed. 2.95 Tariff. 2.95.4 Any appllcable Federal or state tariff of a Party, as amended from time .ta time; or 2.95.2 Any standard agieement or other document, as amended from time lo time, that sets forth the generally available terms, condifions and picm under whlch a Parly offers a Service. The term “Tarlff”does not include any Verizon Statement of Generafly Available Terms (SGAT) which has been approved or Is pending approval by the Commission pursuant to Section 252{fj of the Act.
2.96 Telcordia Technologies. Telcordia Technologies, Inc., formerly known as Bell Communications Research, Inc. (Bellcore).
2,97 TelecommunicationsCarrier, Shall have the meaning pet forth in the Act.
2.98 Telecornm’unications Services: Shall have the meaning set forth In the Act.
2.99 TeIephona Exchange Service. - Shall have the meaning set forth in the Act.
2.1 00 Terminallng Switched Access Detail Usage Data. A category 1IOlXX reaord as defined’in the EM1 Telcordia Practlce BR-010-200- 010, 2.701 Third Party Claim, A Claim where there is (a) a claim, demand, suit or actfon by a person who is not a Party, (b) a settlement with, judgment by, or liability to, a parson who is not a . Party,.or {c) a fine or penalty imposed by a person who Is not a Party.
2.m2 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 nehvork and Is not Reclprocal Compensation Traffic,Measured Internet Traffic, or Ancillary Traffic. Toll Trafficmay be either “IntralATA Toll Traffic” or “InIerLATAToll Traffic”, depending on whether the originating and terminating points are within the same LATA.
2.103 Toxic or Hazardous Substance, Any substance designated or defined as toxic or hazardous under any “Environmental taw” or that poses a risk to human health or safety, or the ,
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EXHIBIT - B WKC 000050 environmenf, and products and materials containing such substance, “Envlronmental Laws“ means the Comprehensive Envlronmental Response, Cornpensatton, and Liability Act, the Emergency Planning and Community Right- to-Know Act, the Water Pollution Control Act, the Air Pollullon Control Act, the Toxic Substances Control Act, the Resource Conservation and Recovery Act, the Occupational Safety and Health Act, and all other Federal, Male or looal 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 rlsks to human health or safety, or the environment, or that relate to the protection of wetlands or other natural resources.
2.104 Traffic Factor ‘I. For traffic exchanged via lnterconnectlon Trunks, a percentage calculated by dividing the number of minutes of interstate traffic (excludlng 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} + {InterstateTrafnc Total Minutes of Use + Intrastate Traffic Total Mlnutes. of Use}] x 100). Until the form of a Party‘s bllls is updated to use the term “Traffic Factor 1)II the term “Traffic Faclor Ismay be referred to on the Party’sbllls and In bllling related communications as ‘’Percent intersfate Usage” or “PIU:”.
2.105 Traffic Factor 2. For traffic exchanged via Interconnection Trunks, a percentage calculated by dividing the comblned total number of minutes of Recfprocal Compensation Traffic and Measured Jntemet Traffic by lhe combined total number of mlnutes of intrastate traffic and Measured Internet Traffic, ([{Reciprocal Compensation Traffic Total Minutes of Use + Measured Internet Traffic Total Mlnutes of Use) .i (Intrastate Traffic Total Minutes of Use + Measured Internet Tiaffic Totat 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 bflls and In billing related communications as “Percent Local Usage“ or “PLV,”
2,106 Trunk Side, A Ceniral 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 featuresappropriate for the connection of switching entilles and cannot . be used far the dlrecl connection of ordinary telephone station sets,
2.107 UDLC (Universal Digitd Loop Carrier). UDtC arrangements consist of a Central Office Terminal and a Remote Termlnal 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 dfgitsi. UDLC is deployed where the types of servlces to be provisioned by the systems cannot be integrated such as non-switched services and UNE Loops. 2.1 08 V and H Coordinates Method. A method of computing airline miles between two points by utlllzlng an
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MHlBlT - B WKC 000051 establlshed forrnda that is based on the vertical and horizontal coordinates of the two points.
2.109 Voice Grade, Elther an analog signal of 390 to 3000 Hz or a digital signal of 56/64 kilobits per second. When referring io digital Voice Grade service [a 56-64 kbps channel);' the ferms "DSO' or "sub-DS1" may also be used. 2.1 q0 Wire Center.
A building or portton thereof which serves BS the premises for one or more End Ofnces, Tandems and related facillties.
2.111 XDSL. As defined and offered in this Agreement. The small "x" before the letters DSL signiffesreference to DSL as a generlc transrnissfon technology, as opposed to.a specific DSL "flavor."
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EXHIBIT - B WKC 000052 ADDITIONAL SERVICES ATTACHMENT
I. Alternate Bltled Calls I.I The Parties will engage in settlements of intraLATA intrastate alternate-billed calls collect, oaliing card, and Ihlrd-party btlled 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 ere necessary to allow the other Party to Implement ttical Dhling Parity in accordance with the re.qulrements of Section 251(b)(3) of the Act. 3, phis Section Intentionally Left Blank] 4. Directory Listing and Dlrectary Dfstributfcrn To the extent required by Applicable Law, Verizon will provide directory services to Ymax, Such services wH1 be provided In accordance with the terms set forth herein. .
4.1 Listing Information, As used herein, "Llsting Inforfnalion" means a Ymax Customer's prhary 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 busfness Customer desires to be placed, and any other Informaflon Vedzon deems necessary for the publication and delivery of directories.
4,2 LlsD'ng Information Supply. Ymax shall provlde to Verlzon 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 informalion and the service address for each Yrnax Customer whose sarvlce address location falls within the geographic area covered by the relevant Verizon dlrectory, Ymax shall also provide to Verizon on a daily basis: (a) lnformaiion showing Ymax Customers who have disconnected or terminated their servtce with Ymax; and
(b) dellvery Information for each non-listed or non-published Ymax Customer to ' enable Verizon to perform its directory distribution responsibllltles, Verizon Shall promptly provide to Ymax (normally within forty-alghf (48) hours of receipt by Verlzon, excluding nun-business days) a query on any listing tha( is not acceptable. '
4.3 Listing Inciuslon arid Distrlbulion. .Verizon shall include each Ymax Customer's primary listing in the appropriate alphabetical dtrectory and, for business Customers, in the appropriate classified (Yellow Pages) dlrsctoty In accordance with the directoryanflguration, scope and schedules determined by Verizon in Its sole discretion, and shall provide ' initial distribution of such directories to such Ymax Customers In !he same manner it provides initial dlstribution of such directories to Its own Customers. "Primary Lis!!ng" means a Customer's primary name, address, and telephone
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EXHIBIT - B WKC 000053 number, Listings of Ymax's Customers shall be interfiled wlth listings of Verizonls Customers and the Customers of other LECs included In the Verizon directories. Yrnaxshall pay Yerkon's Tariffed charges for addltlonal, foreign, and other listings products (as documented in local Tariff) for Ymax's Customers. .
4.4 Verizon Information. Upon request by Ymax, Verizon shatl make available to Ymax the followlng information to the extent that Verlzon provides such lnformatlon to its own ' business offices: a direcioj list of relevant NXX codes, directory and Customer Guide close dates, and Yellow Pages headings. Verizon shall also make available to Ymax, on Verizon's Wholesale websita (or, at Verizon's option, in writing) Verizon's directory listings standards and specificattons.
43 Confidentiality of Listing Information. Vefizon4hatl accord &ax Listing Information the same level of confidentiality that Vedzon accords Its ovm listing informatlon, and shall use such. LIsting lnforrnatlon solely for the purpose of providing dtectory-related sertices; provided, however, that should Verlzon elect to do so, It may use or license . Ymax Listing lnformatlon for directory publlshing, direct marketing, or any other purpose for which Verlzon uses or ilcenses Its own listing information, so long as Ymax Customers are not separately ldentlfled as such; and provlded further that Ymax may Identify those of its Customers who request that their names not be . sold'for direct marketing purposes and Verlzon shall honor such requests to the . same extent that It dges'for its own Cusbmers. Verlton shall not be obligated to . compensate Ymax for Verizon's use or licensing of Yrnax Listing Information. 4.6 Accuracy. Both Pariles shall use commercially reasonable efforts to ensure the accurate pubiicatlon of Ymax Customer iistlngs. At Ymax's request, Verizon shall provide Ymax wlth a report of all Ymax Customer llstlngs in a reasonable timeframe prior to the ssrvtce order dose date for the applicable directory, Verlzon shall process any corrections made by Ymax with respect to Its listings, provided such . corrections are received prior to the close date of the particular directory.
4.7 Indernnlficafion, Ymax shall adhere to all practices, standards, and ethical requirements estabiished by Verizon wlth regard to tistlngs. By providing Verizon with Llsting Information, Ymax warrants to Ven'zon that Ymax has the right to provide such Listing Information to Verizon on behalf of its Customers. Ymax shall make commercially reasonable efforts to ensure that any business or person to be listed Is authorized and has the right (a) to provide the product or service offered, and (b) to use any personal or corporate name, trade name, trademark, service mark or language used in fhe listing. Yrnax agrees to refease, defend, hold harmless and Indemnify Verizon from and against any and all claims, losses, damages, suits, or other adions, or any llablllly whatsoever, suffered, made, instituted, or asserted by any person arising out of Verizon's publication of dissemination of the Listing Information as provided by Ymax hereunder.
'4.8 Liability, Verizon's liability to Ymax in the evsnt of a Verizon error in or omlsslon of a Ymax Customer listing shall not exceed the amount actually pald by Ymax to
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EXHIBIT - B WKC 000054 Verizon for such lisling. Ymax agrees to take ail reasonable steps, including, but not llmited to, enterlng into appropriate contractual provislons with its Customers, to ensure that Its and Verizon’s liability to Ymax‘s Customers In the event of a Verizon error in or omission of a ljstfng shall be subject to the same ilmitatlons of iiabifity applicabie between Verizon and its own Cuslomers as set forth in Verizon’s applicable Tarlffs.
4.9 Service informailon Pages. Verlzon shail include all Ymsx NXX ccdes associated with the geographlc areas to which each directory pertains, to the extent it does so for Veriton‘s own NXX codes, in any lists of such codes that are contained In the generakeference portion of each directory. Ymax’s NMcodes shall appear In such flsfs tn the same manner as Verizon’s NXX information. in addltlon, when Ymax is authorlzed lo, and is offering, focal service to Customers located within the geographic area covered by a specftic directary, at Ymax’s request, Verizon shall Include, at no charge, in the “Customer Guide” or comparable sectlon of the applicable alphabetical directories, Ymax’s critical contact information for Ymax’s Installation, repair and Customer service, as provided by Ymax, Such critical contact Informationshall appear alphabetically by local exchange carrier and In accordance with Verizon’s generally applicable policies, Ymax shall be responsibie for providing the necessary informationto Verizon by the appllcable close date for each affected directory,
4.10 Dlrectory Publication. Nothing in this Agreement shall require Verizon to publish a directory where It would not otherwise do so.
4.1 1 Other Directory Services. Ymax acknowledges that If Yrnax deslres directory servlces in addltion to those described herein, such additional services must be obtained under separate agreement with Verizon’s directory publishing company. 5. Volce informailon Service Traffic 5.1 For purposes of this Sectlon 5, (a} Voice Information Service means a service that provides [I] recorded volce announcement informationor [ill a vocal discussion program open to the public, and (b) Voice Information Service Traffic means intraLATA switched volce trafh, dellvered to 8 Voice InformationServlce, Voice Information Service Traffic does not ipciude any form of Internet Traffic, Voice information Servke Traffic also does not include 555 traffic or slmllar trafflo wlth AIN service interfaces, which !raMc shall be subject to separate arrangements bebeen the Parties. Voice InformationServfce Traffic is not subject to Reciprocal Compensation charges under Section 7 of the interconnectionAttachment. 5.2 if a Ymax Customer Is served by resold Verizon dial tone line Telecommunicatlons Service or a Verlzon Local Switching UNE, to the extent reasonably feasible, Verizon will route Voice information Service TraMc . originating from such Servlce of UNE to the appropriate Voice Information Servlce connected to Verizon’s network unless a feature btocklng such Voice lnformaflcn Service Trafflc has been Installed, For such Voke Information Service Traffic, Ymax shall pay to Verizon without discount any Voice Informatlon Service provider charges billed by Verizon to Ymax. Ymax shall pay Verizon
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EXHIBIT - B WKC 000055 such charges in full regardless of whether or not Ymax collects such charges from Its Customer. 5.3 Ymax shall have the option to route Voice Information Service Traffic that origlnates MI its own network to the appropriate Voice InformationSeWlCe connected fo Verizon's nefwork, tn the event Ymax exercises such option, Ymax will establish, at lis own expense, a dedicated trunk group to the Verizon Voice lnformatlon Service serving switch. This trunk group will be utilized to allow Ymax to route Voice Information Service Traffic originated on its network to Verlzon. For such Voice Information Service Traffic, unless Ymax has entered into 8 written agreement with Verizon under whlch Ymax will collect from Ymax's Customer and remit to Verizon the Voice Information Service provider's charges, Ymax shall pay to Verizon without dlscount any Voice Information Service provider charges billed by Verizon to Ymax. Ymax shall pay Verizon such charges in full regardless of whether or not Ymax collects such charges from its own Customer. .. 6. Intercept and Referral Announcements
, 6.1 When a Customer changes its service provider $om Verizon to Ymax, or from Ymax to Verizan, and does not retain Its original telephone number, the Party formerly providing service to such Customer shall provide a referral announcement YReferral Announcement") on the abandoned felephone number which provides the Custarner's new number or other appropriate information, to the extent known to the Patfy formerly providing servlce, Notwithstanding the foregoing, a Party shall not be obligated under thls Secfion to provide a Referral Announcemen! if the Customerowes !he 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, no! 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 servlce if a number shortage condition requires reassignment of the telephone number. 6.3 This referral announcement will be provided by each Par& 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 ihe referral announcement- 7. Originating Line Number Screening (OLNS) Upon Ymax'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 blilng 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:
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' EXHIBIT - B'WKC 000058 8.1.I Verizon Ooerations SubDort Svstems: Verizon systBms for pre- ordering, ordering, provisioning, malntenance and repair, and billing. .. 8.1,2 Verizon OSS Services: Access to Verizon Operations Support Systems functions. The term.’‘Verlzon OSS Services” includes, but Is not limited to: (a) Verizon‘s provislon of Ymax Usage Informationto Ymax pursuant to Section 8.3 of this Attachment; and, (b) “Verizon OSS lnformatlon’, as deflned in Section 8.1.4 of this Attachment. 8.1.3 Verizon OSS Facllities: Any gateways, hterfaces, databases, facHitles, equipment, software, or systems, used by Verizon to provlde Verizon OSS Services to Ymax. B..1.4 Verlzon OSS Information: Any information accessed by, or disclosed or provided to, Ymax through or as a part of Verizon OSS Services. The term ’Verizon OSS Information” includes, but is not limited to: (a) any Customer Informatronrelated to a Verizon Customer or a Ymax Customer accessed by, or disclosad or provided to, Ymax through or as 8 part of Verizon OSS Services; and, (b) any Ymax Usage Information (as denned in Section 8.1.6 of this Attachment) accessed by, or disclosed or provided to, Ymax. 8.1.5 Verlzon Retall Telecommunicatlons Service: Any Telecommbnicatlons Sewice that Verizon provides at retail to subscrlbers that are not Te!ecommuniwtions 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.Q 153(16)) provided by Verlzon.
8.1 46 * Ymax Usaae informallon: For a Verizon Retail Tefecornmuntcaflons Service purchased by Ymax pursuant to the Resale Attachment, the usage information that Veriron 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 Ymax pursuant to the Network Element Attachment, the usage lnformatlon that Veriron would record if Verkon was using such Local Switching Network Element to furnrsh a Verizon Retail TeelecommunktionsService to a Verizon end-user retail Customer. 8,%7 Customer Information: CPNl of a Customor and any other non-public, individually identifiableinformatlon about a Customer or the purchase by a Customdr of the services or products of a Party. 8.2 Verizon OSS Services. 8.2.1 Upon request by Ymax, Verizon shall provids to Ymax Verizon OSS Services. Such Ven‘zon OSS Services wfll be provided In accordawe with, but only to the extent requlred by, Applicable Law. 8.2.2 Subject to the requlrements of Applicable Law, Verizon Operations Support Systems, Verizon Operations Support Systems functions, Verlzon 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, Verlzon shall have the rlghf to change Verizon Operations Support Systems, Verfzon Operations Support Systems functlons, Verlzon USS
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EXHIBIT - B WKC 000057 facltities, Verizon OSS Information, and the Ven'zon OSS Services, from time-lo-time, without the consent of Ymax. 8.2.3 To Ihe extent requfred by Appiicable Law, in providing Verizon OSS Sewices to Ymax, Verizon will comply with Verizon's applicable OSS Change Management Guidelines, as such Guidelines are modified from time-to-time, including, but not limlted to, the provislons ofthe Guidelines related to furnishing notice of changes in Verizon OSS Services. Verizon's OSS Change Management Gddellnes will be set out on a Verizon website. 8.3 Ymax Usage Information. 8.3,1 Upon request by Ymax, Verizon shall provtde to Ymax Ymax Usage Information. Such Ymax Usage Information will be provided in accordance with, but only to the extent required by. Applicable taw, 8.3.2 Ymax Usage Information will be available to Ymax through !he following:
8.3.2.1 ' Daily Usage File on Data Tape. 8.3,2,2 Dally Usage FIle through Network Data Mover (NDM). 8.3.3 Ymax Usage Informationwill be provided In an ATlS EM1 format. 8.3.4 Daily Usage Flle Data Tapes provided pursuant to Section 8.3.2.1 of this Attachment will be Issued each Busipess Day. 8.3.5 Except 8s stated in this Section 8.3, subject to the requirements of Applicable Law, the manner in which, and lhe frequency with which, Ymax Usage Informationwilt be provided to Ymax shall be determined by Verizon. 8.4 Access to and Use of Verizon OS5 Facilities. 8.4.1 Verizon OSS Faclllties may be accessed and used by Ymax only to the extent necessary for Ymax's access to and use of Verizon OSS Services pursuant to thls Agreement. 8.4.2 Verizon OSS Facilities may be accessed and used by Ymax only to 'provide Tetecommunfcations Services to Yrnax Customers, 8.4,3 Yrnax shall restrict access to and use of Verizon OSS Facllities to Ymax. This Section 8 doas not grant to Ymax any right or license to grant sublicenses to other persons, or psrmlssion to other persons (except Ymax's employees,agents and contractors, in accordance with Section 8.4.7 of this Attachment), to access or use Verizon OSS Facilities. 8,4.4 Ymax sha(l got (a) alter, modify or damage the Verizon OSS Facilllles (Including, but'not limited to, Verlzon sofmare), (b) copy, remove, derive, reverse engineer, or decompile, softwale from the Verizon OSS ' Facilities, or (c) obtain access through Verizon 0SS.FaciiitieSlo Verizon databases, facilitles, equipment, software, or systems, which are not offered for Ymax's use under this Sectlon 8.
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EXHIBIT - B WKC 000058 8.4.5 Yrnax shall comply with all practices and procedures established by Verizon for access to and use of Verizon OSS Facilitles (lncludin~,but not limited to, Verizon practices and procedures with regard to security and use of access and user identification codes),
8,4.6 All practlces and procedures for access to and use of Verizon OSS Facllities, and all access and user ldentlflcatloncodes for Verlzon OSS Fadlifies: (a) shall remain the propeity of Verizon; (b) shall be used by Ymax only in connection with Ymax's use of Yerlron OSS Facilities permiffed by this Sectlon 8; (c} shall be treated by Ymax as Contidential Information of Verizon pursuant to Section IOof the General Terms and Condltlons; and, (d) shall be destroyed or returned by Ymax to Verlton upon the earller of request by Verizon or the expiration or termlnatlon of this Agreement. 8.4.7 Ymax's employees, agents and contractors may access and use Verizon OSS Facilities only to the extent necessary for Ymax's access to and use of the Verizon OSS Facllltles permitted by this Agreement. Any access to or use of Verizon OSS Facllltles by Ymax's employees, agents, or contractors, shall be subfectto the provisions of thls Agreement, incIuding, but not limited to, Section 'IO of the General Terms and Condltlons and Section 8,5.3.2 of thls Attachment. 8.5 Verizon OSS Information, 8.5.1 Subjectto the provlsions of this Section 8, in accordance with, but only to the extent required by, Applicable Law, Verizon grants to Ymax a non-exclusive license to use Verizon OSS Information. 8.5.2 Ail Verizon OSS Informationshall at all tlrnes remain the property of Verizon, Except as expressly statedtn this Section 8, Ymax shall acquire no rights In or to any Verizon OSS Information, 85.3 The provisions of fhfs Section 8.5.3 shall apply to ail Verlzon USS Information,except (a) Ymax Usage Information, (b) CPNI of Ymax, and (c) CPNi of a Ven'zon Customer or a Ymax Customer, lo the extent the Customer has authorized Ymax to use the CPNI. 8,6,3,1 Verizon QSS Information may be accessed and used by Ymax only to provide Telecomrnunlcatlons Servlces to Ymax Customers. 8.5.3.2 Ymax shall treat Verizon OSS Informationthat Is designated by Verizon, through written or electronic notice (including, but no1 limited to, through the Verlzon OSS Services), as."ConfidentIal" or "Proprietary" as Confldentiai lnformatlon of Verizon pursuant to Section 10 of the General Terms and CondiUons. 8.5.3.3 Except as expressly stated in this Section 8, this Agreement does hot grant to Ymax any right or license to grant sublicenses to other peisons, or permlssfon io other persons {except Ymax's employees, agents or conlracfors, in accordance with SecMon 8.5.3.4 of this Attachment), to access, use or disclose Verizon OSS Information.
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EXHIBIT - 6 WKC 000059 8.5.3.4 Yrnax's employees, agents and contractors may access, use and disclose Verizon OSS Informetion only to the extent necessary for Ymax's gccess to, and use and disclosure of, Verizon OSS Information permitted by this Section 8, Any access to, or use or disclosure of, Vgrlzon OS$ Information by Ymax's employees, agents or contractors, shall be subject to the provisions of this AgreGment, including, but not llmited tu, Section 10 bf the General Terms and Conditions and Section 8.6.3.2 of this Attachment. 8.5.3.5 Ymax's license lo use Verlzon OSS Information shall explre upon the earliest of: (a) the time when the Verizon OSS lnformaflon Is no longer needed by Yrnax to provlde TelecommunicationsServices to Ymax Customers: (b) termlnation.of the license in accordance with this Section 8; or (c) expiration or terminailon of this Agreement, 8.5.3.6 All Verizon OSS Infor'mation received by Ymax shall be destroyed or returned by Yrnax to Verizon, upon expiration, suspension or termination of the license to use such Verizon OSS Information. 8-54 Unless sooner terminated or suspended In accordance with this Agreement or this Section 8 (including, but not limited to, Section 22of the General Terms and Cond!tions and'Section 8.6.1 of this Altachment), Ymax's access to Verizon OSS Information through Verizon OSS Services shail terminate upon the explratlon or termination of this Agreeritent. 83.5 Audits. 8.5.5.j Verizon shall have the riglit (but not the obligation) to audit Ymax to ascertain whether Ymax is complying with the requirements of Applicable Law and this Agreemenl with * regard to Ymax 's access to, and use and disclosure of, Verizon OSS Information. 8,5.5.2 Without in any way limiting any other rights Verizon may have under this Agreement or Applicable Law, Verizon shalt have the right (but not the obfigation) to monitor Ymax 's access to and use of Verizon OSS Information which fs made avallable by Verizon to Ymax pursuant to this Agreement, to ascertain whether Yrnax is complying with ihe requirements of Applicable Law and this Agreement, with regard to Ymax 's access to, and use and disclosure of, such Verizon OSS Information, The foregoing rlght shall include, but not be limited to, the right (but not the oblIgation]to eiectronlcaily monitor Ymax 's access to and use of Verizon OSS lnforrnalion which 1s made available by Verizon to Yrnax through Verizon OSS FadliUos. 8.5.5.3 lnformatlon obtained by Verizon pursuant to thls Secllon B,5.5 shall be treated by Verizon as Confidential Information of Ymax pursuant to Section 10 of the General Jerrns and Conditions; provided that, Verizon shall have the right (but not the obligation) to use and disclose Information obtalned
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EXHIBIT - B WKC 000060 by Verizon pursuant to Section 8.5.5 of this Attachment to enforce Verizon's rights under fhls Agreement or Applicable . Law. . 8.5.6 Ymax acknowledges that the Verizon OSS Information, by lfsbature, is updated and corrected on a continuous basis by Verlzon, and therefore that Verlzon OSS Information is su6ject to change from time to time, 8.6 Ltabiiities and Remedies. 8.6.1 Any breach by Ymax, or Ymax's employees, agents or contractors, of the provisions of Sections 8.4 or 8.5 of this Aitachment shall be deemed a material breach of this Agreement, In addltlan, If Ymax or . an employee, agent or contractor of Ymax at any dme breaches a . provislon of Sections 8.4 or 8.5 of this Attachrne'nt and such breach continues for more than ten (IO) days after written notice thereof from Verizon, then, except as otherwise required by Appilcable Law, Verizon shall have the right, upon notice to Ymax, to suspend the . license to use Verizon OSS Information granted by Section 8.5.1 of lhis Attachment andlor the provision of Verizon OSS Servlces, In whole or in part. 8.62 Ymax agrees that Verizon would be Irreparably Injured by a breach of Sections 8.4 or 8.5 of this Attachment by Ymax or the employees, agents or contractors of Ymax, and that Verizon shall be entitled to seek.equ1iabte relief, including injunctlve relief and speclff c performance, in the event of any such breach, Such remedles shall not be deemed to be the exclusive remedies for any such breach, but shall be in addilion 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 df this Attachment with regard to the confidentiality of informalion shalf 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. Q 222, and are not intended to constitute a waiver by Verizbn of any rlght wlfh regard to protection.of the confidentiality of the information of Verhon or Veizon Customers provided by Applicable Law.
8.8 Cooperation. Ymax, at Ymax's expense, shall reasonably cooperate with Verizon In using Verizan QSS Services. Such cooperation shall include, but not be limited to, the fo ttowfng:
8.8.1 Upsn request by Verizon, Ymax shall by nqlater than the fifteenth (q5th) 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 Yrnax anticipates submitfing in each week of the next Calendar Quarter. 8.8.2 Ymax shall reasonably cooperate with Verizon in submlttlng orders for Verizon Ssrvlces and otherwise uslng the Verlzon OSS Services, In order toavoid exceeding !he capacliy or capabilities of such Verkon QSS Servlces.
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EXHIBIT - B WKC 000061 8.8.3 Ymax shall participate In cooperative testing of Verizon OSS Servlces and shall provide assistance to Verizon in identifying and correcting ’ mistakes, omissions, interruptions, delays, errors, defects, faults, . failures, or other deficlencles, in Verizon OSS Services.
8.9 Verizon Access to InformationRelated to Ymax Customsrs, 8.9.1 Vetizon shall have the right to access, use and disclose information related to Ymax Customers that is in Verlzon’s possession (including, bul not limlted to, in Vertzon OSS Facililes) to the extent such access, use andlor disclosure has been authorized by the Ymax Customer in the manner required by Applicable Law. 8.9.2 Upon request by VeFiton, Ymax shall negotiate in good faith and enter into a contract with Verizon, pursuant io which Verizon may obtain ’ access to Ymax’s operaiions support systems (including, syslems for pre-ordering, ordering, provisioning, maintenance and repair, and billing) and Information contained in such systems, to permit Verizon to obtain Information related to Ymax Customers (as authorized by the applicable Ymax Custamer), to permit Customers to transfer service from one Telecommunicattons Carrier to another, and for such other purposes 8s may be permltted by Applicable Law. .. 8.10 Verizon Pre-OSS Services, 8.1 0.1 As used in this Section 8, “Verizon Pre-OSS Service” means a servlce 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 Ymax prior to, or in lieu of, Verizon‘s provision of the Vetizon OSS Service to Ymax. The term “Verizon Pre- OSS Service” includes, but is not limited io, the activity of placing orders for Verizon Services through a telephone facsimlle communication. 8.10.2 Subject to the requlremgnts of Applicable Law, the Verlzon Pre-OSS Services that will be offered by Verizon shalt 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 Ymax. a.10.3 Subject to the requtrements of Appllcable Law, the rates for Verizon Pre-OSS Services shall be as detsrminsd by Verizon and shall be subject to change by Verizon from time to time. 8.10.4 The provisions of Sections 8.4 through 8.8 of lhis Attachment shall also apply to Verizon Fre-OSS Services. For the purposes of this Section 8.10 (a) references in Sections 8.4 through 8,8 of this Attachment to Verlzon OSS Services shall be deemed to include Verizon Pre-OSS Services; and, (b) references In Sections 8.4 through 8.8 of this Attachment to Verizon OSS lnformatlon shall be deemed to include information made available to Ymax through Verizon Pre-OSS Services. 8.1 I Cancellations. Verizon may cancel orders for service which have had no activity within thirty-one (31) consecutive calendar days alter the original service due date.
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EXHIBIT - B WKC 000082 9, Poles, Ducts, Condulfs and Rights-of-way .9.1 Verizon shall afford Ymax non-discriminatoryaccess to poles, duct's, conduits and rights-of-wayowned or controlled by Verizon, Such access shati be provlded in accordance with, but only fo the extent required by, Applicable taw, pursuant to Verizon's appllcable Tariffs, or, In the absence of an applicable Verfron Tariff, Verlzon's generally offered form of license agreement, or, In the absence of such a Tariff and license agreement, a mutuatly acceptable '. agreement to be negotiated by the Parties. 92 .Ymax shall afford Verizon non-discriminatoryaccess io poles, ducts, condults and rights-of-way owned or controlled by Yrnax. Such access shall be provided pursuant to Yrnax's applicable Tariffs, or, In the absence of an applicable Ymax Tarlff, Ymax's generally offered form of license agreement, or, In the absence of such a Tariff and llcsnse agreement, a mutually acceptable agreement to be negotlated by the Parties. The terms, conditions and prices offered to Verizon by Ymax for such access shall be no less favorable than the terms, conditions and e prlces offered to Ymax by Verizon for access to poles, ducts, conduits and rights of way owned or controlled by Veriton. 10. Telephone Numbers qO.1 Thls Section applles in connection with Ymax Customars served by -. T8leGOrnmUfliCatiOnS,Servlces provided by Verizon to Ymax for resale or a Local Switching Network Element provided by Verizon fo Ymax.
10,2 'Ymax's use of telephone numbers shall b8 subject to Applicable Law the rules of the North American Numbering Council and the Norlh American Numbering Pian Adrninlstrator, the applicable provlslons of this Agreement (including, but not limited to, thfs Section IO), and Verlzon's praciices and procedures for use and assignment of telephone numbers, as amended from time-lo-time. 10.3 Subject to Secllons 102 and 10,4 of this Attachment, if a Customer of elther Veriton or Ymax who Is served by a Verizon Telecommunicatlons Service ('YTS') or a Verizon Locai Switchlng Network Element ("VLSNE) changes the LEC lhat serves the Customer using such VTS or VLSNE (includlng a change from Verizon to Ymax, from Yrnax to Verizon, or from Ymax to a LEC other than 'Verlzon), after such change, the Customer may continue to use with such VTS or VLSNE the telephone numbers that were asslgned to the VTS or VLSNE for the us? of such Customer by Verizon immediately prior to the change. 10.4 Verizon shall have the right to change the tolephone numbers used by a Customer If at any tima: (a) the Customer requests service at a new location, fhat is not served by the Verlzon switch and the Verizon rate center from which the Customer previously had service; (b) continued use of the telephone numbers Is not lechnicatly feaslbte; or, (c) In (he case of Telecornmunlcatlons Service provided by Verkon to Ymax 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 Veriton to Ymax under this Agreement Is terminated and the telephone numbers associated with such VTS or VLSNE have not been ported to a Ymax switch, the telephone numbers shall be'avaiiable for reassignment by Verizon to any person to whom Verizon elects to assign the telephone numbers, including, but not limited to, Verizon, Verizon Customers, Ymax. or Telecommunications Carriers other than Varizon and Ymax.
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EXHIBIT - B WKC 000063 10,6 Ymax may reserve telephone numbers only to the extent Verizon's Customers may reserve telephone numbers. 11, Rouilng for Operator Services and Directory Assistance Traff IC For a Verizon Telecommunlcafions Setvice dlai lone line purchased by Ymax for resale pursua.nt to the Resale Attachment, upon request by Yrnax, Verizon will establish an arrangement that wlll permit Ymax tb route the Ymax Customer's calls for operator and directory assistance services to a provlder of operator and directory assistance services selected by Ymax. Verizon wlll provide this routing arrangement In accordance with, but only to the extent requlred by, Applicable Law.-Verkon will provide this routing arrangement pursuant to an appropriate written request submitted by Ymax and a muiualiy agreed-upon schedule. This routing arrangement will be implemented at Ymax's expense, with charges determined on an Individual case basis. In addifion fo charges for initially establishing the routing arrangement, Yrnax wilt be responsfbls for ongoing monthly'andor usage charges for the routing arrangement. Ymax shall arrange, at its own expense, the trunklng and ofher facilities requlred to transport traffic to Ymax's selected provider of operator and directory asslstance services.
12. Unauthorized Carrler Change Charges In the event either Parfy requests' fhat the other Party instali, provide, change, or terminate a Customer's Telecommunlcafions Service (including, but not timlted to, B Customer's selectionof a primary Telephone Exchange Service Provider) wlthout having obtained authorization from the Customer for such installation, provision, selection, change or termination In accordance with Appllcable Laws, the requestlng Party shalt be . liable to the other Party for all charges that would be applicable to the Customer for the initial change in the Customer's Telecommunications Service and any charges for restoring the Customer's Telecommunications Service to Its Customer-authorized condillon (all such charges together, the "Carrier Change Charges"), Including to the appropriate prlmary Telephone Exchange Service provider, Such Carder Change Charges may be assessed on the requesting Party by the other Party at any lime after the Customer is restored to its Customer-authorkedconditlon.
13. Good Faifh Performance If and, to the extent that, Verizon, prior to the Effective Date of this Agreement, Has not, provided in the State of West Virginia a Service offered under this Attachment, Verizon reserves the right to negotiate in good faith with Ymax reasonable terms and condiflons (including, without limitation, rates and implementation timeframes) for such Service; and, if the Parlles cannot agree to such terms and conditions (including, without limltatlon, rales and implementation iimeframes), either Party may utilize the Agreement's dispute resolution procedures.
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MHlBlT - B WKC 000084 INTERCONNECTION ATTACHMENT .. I, General Each Party shall provide to the other Parly, In accordance with this Agreement, but only to the extent required by Applicable Law, Interconnection at (i) any technically feasible Point($) of lnkrconnectlon on Veiizon's network in a LATA and/or (ii) a fiber meet point to which the Parties mutually agree under the terms of this Agreement, for the transmission and routing of Telephone Exchange Service and Exchange Access, By way of example, a technically feasible Point of Interconnection on Verizon's network In a LATA would include an applicable Verizon Tandem Wire Center or Verizon End Office Wire Center but, notwlfhstanding any other provlsion of this Agreement or otherwise, would not Include a Ymax Wire Center, Yrnax swltch or any portion of a transport facility prodded by Verizon to Ymax or another party between (x) a Verizon Wire Canter or switch and (y) the Wire Center or swjfch of Ymax or another party. For brevily's sake, the foregoing examples of locations that, respectively, are and are not "on Verizon's network" shall apply (and are hereby Incorporated by reference) each time the term "on Verizon's network" Is used In lhls Agreement. 2, Points of interconnection and Trunk Types 2.1 Point(s) df interconnection. 2.1.1 Each Party, at its own expense, shall provide transport fadlities to the technically feasible Polnt(s) of lnterconnoctlon on Verizon's network in a LATA selected by Ymax. 2.2 Trunk Types.
' 2.2.1 in interconnecting their networks pursuant to this Attachment, the Parties will use, as approprlate, the following separate and distinct trunk groups: 2.2.1.1 intsrconneclion Trunks for the transmission and routing of Reciprocal Compensation Traffic, translated LEC IntraLATA toil free service access code (e,g.' 80018861877) traffic, and IntraiATA Toll Traffic, between thelr respective Telephone Exchange Service Customers, Tandem Transit Traffic, and, Measured Internet Trafflc, ail in accordance with Sections 5 through 8 of this Attachment; '
' 2.2.1.2 Access Toll Connecting Trunks for the transmisslon and routing of Exchange Access traffic, Including fransfated interLATA toll free service access code (e.$, 800/886/877) traffic, between Ymax Telephone Exchange Service Customers and purchasers of Switched Exchange Access Service via-a Verizon access Tandem in accordance wllh Sections 9 through I1of this Attachment; and 2.2.1.3 Miscellaneous Trunk Groups as mutually agreed to by the Padies, including: but nof limlted io: (a) choke trunks for traffic congestion and testing; and, (b) untransiated IntraLATNlnterLATA toil free service access code (e.g. 800/8881877) traffic.
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EXHIBIT - B WKC 000085 2,2.2 Other types of trunk groups may be used by the Parties as provided In other Attachments to this Agreement (e.g,, 9111EQII Trunks) or in other separate agieemenfs bebeen the Parties (e.g., directory assistance trunks, operator services trunks, 3LVlBLVl trunks or trunks for 500/555trafflc). 2.2.3 In accordance with the terms of this Agreement, the Parties will deploy . One-way IntsrconnectfonTrunks (trunks with traffic going in one direction, including one-way trunks and uni-dlrectlonal two-way trunks) and/or Two-way Interconnection Trunks (trunks with traffic going in both directions). ..: . 2,2.4 Ymax shall establish, at !he technically feasible Point(s) of . . lnterconnectlon on Verizon's network in a LATA, separate interconnection'Trunk group(s) between such POt(s) and each Verizon Tandem in a LATA with a subtending End Ofice(s) to which Ymax origlnates calls for Verizon to terminate. 2.2.5 In the event fhe volume of traffic between a Vertzon End Offlceend a technically feasible Point of Interconnection on Verizon's network In a LATA, Whkh is carded by a Final Tandem InterconnectionTrunk group, exceeds (a) the Centlurn Call Seconds (Hundred Call Seconds) busy hour equivalent of one (I)DS1 a1 any time; (b)200,000 minutes of use for a single month; and/or; (e) 600 busy hour Centlum Call Seconds (BHCCS) of use for a single month: (i) if One-way . InterconnectionTrunks are used, the originating Party shall promptly establish new or augment existing End Office One-way InterconnectionTrunk groups between the Verizon End Office and the technically feasible Point of InterconneoUon on Verizon's network; or, (li) if Two-way interconnectionTrunks are used, Ymax shall promptly submit an ASR to Verizon to establlsh new or augment existing End Office Two-way lnterconnectlonTrunk group@)between that Verizon End Office and the technically feasible Point of Interconnection on VefkQR'S network. 2.2.6 Except as otherwise agreed in writing by the Parties, the total number of Tandem lnterconneclion Trunks between a technically feasible Point of lnterconnection on Verizon's network and a Verizon Tandem wilt be limited to a maximum of 240 trunks. In the event that the volume of trafnc between a technically feasible Point of lnterconnection on Verlzon's nehvork and a Verizon Tandem exceeds, or'reasonably can be expected to exceed, the capacity of the 240 trunks, Ymax shsll promptly submit an ASR to Verlzon to establish new or additional End Office Trunks to insure that the volume of traffic between the technlcally feasible Point of Interconnection on Verlzon's network and the Verizon Tandem does not exceed the capacity of !he 240 trunks, .2.3 One-way Interconnedion Trunks. 2.3.T Where the Parties use One-way Interconnection Trunks for the delivery of traffic from Ymax to Verizon, Ymax, at Ymax's own expense, shall;. 2.3.1.1 provide Its own facilities for delivery of the traffic to the technically feadble Polnt(s) of Interconnection on Verizon's network in a LATA; andlor
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MHlBlT - B WKC 000068 2.3.1.2 obtain transport for delivety of the traffic to the technically feasible Polnt(s) of lnterconnectlonon Verizon's network in a LATA (a)from a third party, or, (b) if Verizon offers such transport pursuant to this Agreement or an applicable Verizon Tariff, from Verlzon; andlor . 2.3.2 For each Tandem or End Office One-way InterconnectionTrunk group for delivery of traffic from Ymax to Verizon' with a utllizatlon level of less than sixty percent (60%) for final trunk groups and eighty-flve percent (85%) for high usage trunk groups, unless fhe Parties agree ofhe~wlse, Ymax will promptly submit ASRs to disconnect a sufficient number of InterconnectionTrunks to attain a utilization level of approximately sfxty percent (60%) for all final trunk groups and elghty-five (85%) for all high usage trunk groups, In the event Yinax fails to submit an ASR to disconnect One-way interconnectionTrunks as requlred by this Section, Verizon may disconnect the excess InterconnectionTrunks or bill (and Ymax shall pay) for the excess InterconnectionTrunks at the rates set forth in the Pricing Attachment, 2.3.3 Where the Parties use One-way Interconnection Trunks for the delivety of traffic from Verizon to Ymax, Verizon, at Verizon's own . expense, shall provide its own facilities for delivery of the traffic to the * fechnicalty feasibte Point(s) of Interconnectionon Vsrlton's-network In a LATA. 2.4 Two-way lnterconnection Trunks. 2.4.1 Where the Parties use Two-way InterconnectionTrunks for the exchange of trafflc between Verizon and Ymax, Ymax, at its own expense, shall: 2.4.1.1 provide Its own facitifies to the technically feasible Point(s) of Interconnectionon Verizon's network in a LATA: andlor 2.4.1.2 obtain transport to the technically feasible Polnt(s) of Interconnection on Verlzon's network in a LATA (a)from a third parly, or, (b) if Verlzon offers such transport pursuant io thls Agreement or an applicable Verizon Tariff, from ' Verizon. 2.4.2 Where the Parties use Two-Way Interconnection Trunks for the exchange oftrafffc between Verizon and Ymax, Verkon, ai Its own expense, shall provide its own facilities lo the technically feasible Point(s) of lnterconneciion on Verizon's nefwork In a LATA, 2.4.3 Prior lo esfablishingany Two-way lnterconneciion Trunks, Ymax shall meet with Verizon to conduct a joint planning meeting ("Joint Piannlng Meeting"), At that Joint Planning Meeting, each Party shall provlde to the other Party orlginallng Centlum Call Seconds (Hundred Call Seconds) Informalion, and the Parties shall mutually agree on the appropriate inlflal number of End Office and Tandem Two-way lnterconnecflonTrunks and the Interface specificationsat the technicaily feasible Polnt(s) of lnterconnectlon on Verlzon's network in a LATA atwhlch the Parties interconnect for the exchange of traffic. Where the Parties have agreed to convert existing One-way Interconnection Trunks to Two-way InterconnectionTrunks, at the Joint Planning Meeting, the Parties shall also mutually agree on the
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EXHIBIT - 6 WKC 000067 conversion process and project intervals for conversion of such One- Way Interconnection Trunks to Two-way lnterconnectionTrunks. 2,4.4 On a semi-annuat bask, Ymax shall submit a good faith forecast to 'Verkon of the number of End OMce and Tandem Two-way InterconnectionTrunks that Ymax anticipates Verlzon will need to provide during the ensuing two (2) year period for the exchange of traffic between Ymax and Verizon, Ymax's trunk forecasts shall conform to the Verizon CLEC trunk forecasting guldellnes as In effect at that time. 2.4.5 The Parties shall meet (telephonically or in person) from time lo time, as needed, to review data on End Office and Tandem Two-way lnterconnectionTrunks to defermine the need f5r new trunk groups and to plan any necessary changes in the number of Two-way InterconnectionTrunks. 2,4.6 Two-way InterconnectionTrunks shall have SS7 Common Channel Slgnating. The Parties agree to utillze B8ZS and Extended Super Frame (ESF)DSI faclllties, where available. 2.4.7 With respect to End Office Two-way Interconnection Trunks, both Parties shall use an economic Centium Call Seconds (Hundred .Call Seconds) equal to flve.(5). Either Party may disconnect End Office Two-way InterconnectionTrunks that, based on reasonable engineedng criteria and capacity constraints, are not warranted by the actual traffic volume experienced. 2.4.8 Two-way InterconnectionTrunk groups that connect to a Verizon access Tandem shall be engineered using a design blockhg objective of Neal-Wllkinson 8.005 during the average theconslstent busy hour. Two-way interconneclion Trunk groups that connect to a Verizon local Tandem shall be engineered uslng a design blocking objective of Neal- Witkinson B.0-l during the average time consistent busy hour, Verlzon and Ymax shall engineer Two-way Interconnection Trunks using Telcordla Notes on the Networks SR 2275 (formerly known as BOG Notes on the LEG Nehvorks SR-TSV-002275). 2.4.9 The performance standard for iinal Two-way Interconnection Trunk groups shall be that no such interconnectionTrunk group wlll exceed its design blocking objective (8.005 or 5.01, as applicable) for three (3) consecutive calendar traffic study months. 2.4.10 Ymax shall determlne and order the number of Two-Way Interconnection Trunks that are required to meet the applicable design blocking objective fur all traffic carried on each 'Two-Way Interconnection Trunk group. Ymax shall order Two-way lnlerconnectionTrunks by submllting ASRs to Verizon setting forth the number of Two-way lnterconnecfion Trunks to be installed and the requested installation dates wllhln Verlzon's effective standard Intervals or negotlated intervals, as appropriate. .Yrnax shall complete ASRs in accordance with OBF Guidelines as in effect from time to time, .. 2.4.1 2 Verizon may (but shall not be obligated to) monitor Two-way lnferconnecflonTrunk groups using service results for the appficable design blocking objective. If Verizon observes blocklng in excess of
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EXHIBIT - B WC000088 the applicable design objective on any Tandem Two-way InterconnectionTrunk group and Ymax has not notified Verizon that it has corrected such blocking, Verlzon may submit to Ymax a Trunk . Group Service Request directing Ymax to remedy the blocking. Upon recelpt of a Trunk Group Servlce Request, Ymax will complete an ASR to establish or augment the End Offlce Two-way InterconnectionTrunk group(s), or, if mutually agreed, to.augment the Tandem Two-way InterconnectionTrunk group with excessive blocking and submit the ASR to Verizon within five (5) Business Days. 2,4.12 The Parties wlll review all Tandem Two-way lnterconnecilon Trunk groups that reach'a utillzation level of seventy percent (70%), or greater, to determine whether those groups should be augmented, Ymax wlll promptly augment all Tandem Two-way lnterconnectlon Trunk groups that reach a utilizatlon lev'el of elghty percent (80%) by submitting ASRs for addltlonal trunks sufficient io atta1n.a utilizatlon 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 (BO%), unless the Parties agree otherwise, Ymax will.prompily submit ASRs to disconnect a sumcfent number of Interconnection Trunks to attain utilization level of approxlmately sixty percent (60%) for each respective group; unless the Parties agree that the Two-way Interconnedion Trunks should,not be disconnected. In the event Ymax fails to submit an ASR for Two-way InterconnectionTrunks in conformance with this Section, Verizon may disconnect the excess InterconnectionTrunks or bill (and Ymax shall pay) for the excess InterconnectionTrunks at the appllcable Verlzon rates. 2.4.13 Because Verizon will not be in control of when and how many Two- Way lnterconnectlon Trunks are established between Its network and Ymax's network, Veriran's performance in connection with these Two- ' Way InterconnectionTrunk groups shall not be subject to any performance measurements and remedies under this Agreement, and, except as olherwise required by Applicabte taw, under any FCCor Commission approved carrier-to-carrier performance assurance guidelines or plan. 2.4.14 Ymax will route its trefflc to Verlzon over the End Office and Tandem Two-way InterconnectionTrunks In accordance wllh SR-TAP-000191, Including but not limited to those standards requiring that a call from Ymax to a .Verizon End Office will flrst be routed to the End Office lnterconnectlon Trunk group behveen Ymax and the Verizon End Office. 3, Alternatlve Interconnection Arrangements 3.1 Flber Meet Arrangement Provislons.
' 3.1,1 Eiiher Party may request a Fiber Meet arrangement by providing written notice thereof to the other Party; provided, however, that 8 Party may not make such a request if the Parties have not consistently been exchanging an amount of applicable traffic (as set forth in SecHon 3.1.3 below) equal to at least one (I)DS-3. Any such Fiber Meet arrangement shall be subject to the terms ofthis Agreement. In addition, the establishment of any Fiber Meet arrangement Is expressly conditioned upon the Parties' mutually agreeing to fhe technical
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EXHIBIT - 6 WKC 000069 specifications and requlrements for such Fiber Meet arrangement including, but not limited to, the location of the Fiber Meef points, routing, equipment (e.g., specifications of AddlDrop Multiplexers, number of strands of fiber, etc.), software, ordering, provisioning, maintenance, repaii, testing, augment and on any olher techniqat speclficatlons or requirements necessary lo implement the Fiber Meet arrangement, For each Fiber Meet arrangement the Parties agree to implement, the Parties will complete and sign a Technical Speciflcations and Requirements document, the form of whlch is attachcd hereto as Exhibit A to Section 2.4.14 of the Interconnsclion Attachment Fiber Meet Arrangement Provisions. Each such document will be treated as confldentiai information. 3. I.2 The Parties agree to consider the possibillly of using exisflng'flber cable with spare capacity, where available, to implement any such tequest for a FIber Meet arrangement. If existing fiber cable wlth spar8 capacity is not available, the Parties agree to minimize the construction . and deployment of fiber cable necessaiy for any Fiber Meet arrangement to which they agree. Except as otherwise agreed by the . Parties, any and all Fiber Meet points established between the Parties shall extend no further than three (3) miles from an appltcable Verizon Wire Center and Verizon shall not be required to construct or deploy more than five hundred (500) feet of fiber cable for a Fiber Meet arrangement.
3.1.3 Except as otherwise agreed by the Parties, any Fiber Meet arrangements estabtished under this Agreement shall be used only for the transmtssion and routing of Reciprocal Compensation 'Traffic, translated LEC IntraiATA 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 wlth this Agreement. Operator servlcesldlreotoryasslstance trafflc, 91 1 trafflc, and Exchange Access traffic, includlng translated InterLATA toll free service access code fag., 800l888l877)traffic, between Ymax Telephone Exchange Service Customers and purchasers of Switched Exchange Access Service via a Vsrlzon access Tandem, may be exchanged over Fiber Meet arrangements subject to applicable Verizon Tariff rates and charges. Except as otherwise agreed by the Parties, point-to-point (;.e., unswitched) access services and . unbundled network elements shall not be provisioned on or accessed through Fiber Meet arrangements. Notwithstandingany other provision of this Agreement or otherwise, other than the obligation to pay any applicable intercarrier compensation charges pursuant to the terms of this Agreement, neither Party shall have any obligation to pay the other Party any charges In connection with any Fiber Meet arrangements estabiished.. under this Agreement. 3.1.4 Ymax will include traffic to be exchanged over Fiber Meet arrangements in its forecasts provided to Verizon under this Agreement. 4. Initiating Interconnection 4.1 If Ymax determines to offer Telephone Exchange Services and to interconnect with Verizon in any LATA in which Verizon also offers Telephone Exchange
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EXHIBIT - B WKC 000070 *. Servfces and In which the Parfies are not already interconnected pursuant to this Agreement, Ymax shall provide written notice to Verizon of the need to establish intercor?nsctionin such LATA pursuant to this Agreement. 4.2 The notice provlded in Section 4.1 of thls Attachment shall include (a)the initial Routing Point(s); (b) the applicable technically feasible foint(s) of Interconnection on Verfzon's network to be established in the relevant LATA in accordance with thls Agreement; (e) Ymax's intended lnterconnection activation date; (d) a forecast of Ymax's trunking requirements conforming to Section 14.2 of 'this Attachment; and (e) such other information as Verizon shall reasonably request in order to facilitate Interconnection. 4,3 The interconnecfion activation date in the.new UTA shall,be mutually agreed to by the Parties after receipt by Verizon of all necessary fnformatlon as Indicated above. Wlthin ten (IO) Business Days of Verizon's receipt of Ymax's notice provided for In Section 4.1 of this Attachment, Verlzon and Ymax shall confirm the technically feasible Polnt of Interconnection on Verizon's network in the new LATA and the mutually agreed upon Interconnection activation date for the new LATA. 5. Transmission and Routlng of Telephone Exchange Service Traffic 5.1 Scope of Traffic. -Section 5 prescribes parameters for lnterconnection Trunks used for Interconnection pursuant to Sections 2 fhrough 4 of this Attachment, 5.2 Trunk Group Connections and Ordering. 5.2.1 For both One-way and Two-way InfercannecUon Trunks, If Yrnax wishes to use a technically feasible interface other than a DSI or a OS3 facllity at the POI, the Parll_es shall negotiate reasonable terms and conditions (inciudlng, without Ilmitation, rates and implementation timeframes) for such arrangement; and, If the Parties cannot agree to such terms and conditions (including, wllhout llrnltatlon, rates and implementation fimeframes), either Party may utilize the Agreement's dispufe resolution procedures. 5,2,2 When One-way or Two-way InlerconnectIon Trunks are provisioned using a DS3 Interface facllity, if Ymax orders the mulflplexed DS3 facilities to a Verizon Central Officethat is not designated in the NECA 4 Tarla as fhe appropriate Intermediate Hub location (Le., the Intermediate Hub location in Ihe appropriate Tandem subtendfng area based on the LERG), and the provislon of such facilities to the subject Central Offlce is technically feaslble, the Parties shall negotlafe in good faith reasonable terms and conditions (including, without iimltation, rates and implementation timeframes) for such arrangement; and, if the Parlles cannot agree to such terms and condltlons (including, without limitation, rates and implementation timeframes), either Party may utilize the Agreement's dispute resolution procedures. 5.2.3 Each Party will identify lts Carrier Identlflcaiion Code, a three or four digit numeric code obtained from Telcordia, to the other Party when ordering a trunk group. 52.4 When SS7 signaling is not used, unless mutually agreed to by both Parties, each Party will ouipulse ten (10) digits to the other Party.
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EXHIBIT - B WC000071 5.2.5 Each Party wlil use commercially reasonable efforts to monitor trhk groups under Its control and to augment those groups using generally accepted trunk-eng!neerlng standards so as to not excead blocklng objectives. Each Party agrees to use modular trunk-engineerlng techniques for trunks subject to this Attachment. 5.3 Switching System Hlerardhy and Trunkin9 Requirements. for purposes of routing Ymax traffic to Verizon, the subtendingarrangements between Verizon Tandems and Verizon End Offlces shall be the same as the Tandem/End Offlce subtending arrangements Verizon maintains for the routing of its own or other carriers'traffio (I& traffic will be routed to the appropriate Verizon Tandem subtended by the terminating End Office senrlng the Verizon Customer). For purposes of routing Verizon traffic to Ymax, ihe subtending arrangements between Ymax Tanderns'and Ymax End Offices stYa11 be the same as the Tandem/End Office subtending arrangements that Yrnax maintains for the routing of its own or other carriers' traffic.
5.4 Signallng. Each Party will provide the other Party wifh access to its databases and associated signaling necessary for the routing and completion of the other Party's trafflc in accordance with the provisions of this Agreement and any applicable 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 d4.1 of this Attachment.
6. Traffic Measurement and Billing over Interconnection Trunks 6.1 For billing purposes, each Patty shall pass Calling Party Number (CPN) information on at least ninety-five percent (95%) of calls carried over the Interconnection Trunks. 6.f.1 As used In this Secfion 6, "Traffic Rate" means the appllcabfe Reciprocal CompensationTraffic rate, Measured internet TraFfic rate, intrastate Switched Exchange Access Service rate, interstate Switched Exchange Access Service rate, or intrastatelinterstate Tandem Transit Traffic rate, 8s provided in the Pricing Attachment, an applicable Tariff, or, for Measured Interne! 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 blll the originating Party the Traffic Rate applicable to each relevant minute of traffic for which CPN ts passed. For any remaining (up to 5%) calls without CPN information, the receiving Party shall blit the originating Party for such traMc at the Traffic Rate applicable to each relevant minute of traffic, in dlrect proportion to the minutes of use of catis passed wlth 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 CompensationTraffic and Toll Traflc on the same trunk group, the receiving Party shall bill the higher of its interstate Switched
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EXHIBIT - B WKC 000072 Exchange Access ,mice rates or its inlrastate vitched Exchangs Access Services rates for all traffic that is passed without CPN, unless the Parfiesagiee that other rates shou1d.apply to such4raffic.
6.2 At such time as a receiving Party has the capability, on an automated basis, to use such CPN to classify traffrc delivered over Intarconnectlon Trunks by the other Party by Traffic Rate type. (e& Reciprocal Compensation TraffidMeasured . Internet Traffic, intrastate Switched Exchange Access Service, interstate Switched Exchange Access Service,.or intrastatehnterstateTandem Transit Trafflc), 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 Patty by Traffic Rate type, the Originating Party will supply Trafflc Factor 1 and Traffic Factor 2. The Traffic Factors shall be supplied In writing by the origlnatlng Party wlthln 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 shatl be in conversation seconds (the time In seconds that the Parties equipment is used for a completed call, measured from the receipt of answer supervfsion to the receipt of disconnect supervision), Measurement of bllling mlnutes for origlnating tol free service access code (e.g., 800/888/877) calls shall be in accordance with applicable Tariffs. Determination as to whether traffic is Reclprocal Compensation Traffic or Measured Internet Traffic shall be made in accordance wlth Paragraphs 8 and 79, and other applicable provisbn.s, of the FCC Internet Order (including, but not llrnlted to, in accordance with the rebuttable presumpflon established by the FCC Internet Order that traffic delivered to a cartier that exceeds a 3:1 ratio of terminating to originating traffic is Measured internet Traffic, and in accordance wlth the process established by the FCC lnternef Order for rebutting such presumptlon before the Commission), 6.3 Each Party reserves the right to audit all Traffic, up to a maximum of two audits per Calendar Year, to ensure that rates are baing appled approprlately; provided, however,'that eifher 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 wlth any such audit in a timely manner. 6.4 Nothing in this Agreement shall be construed to limit either Party's ability to deblgnate the areas withln which that Paws Customers may make calls whlch that Party rates as 'local" in its Customer Tariffs. 6.5 If and, lo the exlent that, a Ymax Customer receives V/FX Traffic, Ymax shall promptly provide notice thereof to Verizon {such notice to Include, without limitation, the specific telephone number($) that the Customer uses for V/FX Traffic, as well as the LATA In which the Customer's station is actually physlcally located) and shall not bill Verizon Reciprocai Cornpensation, intercarrier compensation ~f any other charges for calls ptaced by Verizon's Cusfomers to such Ymax Customers. 7, Reclprocal Compensation Arrangements Pursuant to Section 251(b)(5) of the Act 7.1 Reciprocal Compensation. The Parties shall exchange Reciprocal Compensation Trafflc at the technically feasible Point(s) of lnferconnectioq on Verizon's network In a LATA deslgnated in accordance with he terms of this Agreement. The Party originating Redprocal
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EXHIBIT - B WKC 000073 .. Compensation Traffic shall compensate the terminating Party for the tfansport and termination of such traffic lo its Custoper in accordance wlth Section 251(b)(5)of the Act at the equal and symmetrical rates stated in the Pricing Attachment; it belng.understood and agreed that Verjton shall charge (and Ymax shall pay Verizon) the End Office Reciprocal Compensation rate set forth In the Prlcing Attachment for Reciprocal Cornpensailon Traffic Y rnax physically delivers t0.a POI at the Verizon Wire Centar In which the termlnating Verizon End OMce is located, and otherwise that Verizon shall charge (Max shall pay Verlzon) the Tandem Recipfocal Compensation rate set forth in the Pricing Attachment for - . Reciprocal Compensation Trafflc Ymax delivers to Verizon; it also being understood and agreed that Ymax shall charge (and Verizon shall pay Ymax) the End Office Reciprocal Compensation rate set forth in the Pricing Attachment for Reciprocal Compensation Traffic Verizon delivers to Ymax. These rates are to be applied at the technlcaliy feasible Point(s) ofslnterconnection on Verizon’s network in a LATA at which the Parlies interconnect,whefher such traffic Is delivered by Verizon for termination by Max, or delivered by Ymax For termination by Verfzon. No additional charges shall be assessed by the ferminaling Party for the transport and termination of such trafflc from the technically feasible Point(s) of Interconnection on Verizon’s neh’ork in a LATA to Its Customer: provided, however, for the avoidance of any doubt, Ymax shall also pay Verizon, at the rates set forth In the PrIsing Attachment, for any multiplexing, cross connects or other coliocatlon related Services that Ymax obtains from. Verizon. When Toll hMois delivered over the same lnterconneetion Trunks as Reciprocal Compensation Traffic, any port, transport or other applicable access charges related to the dellvery of Tot1 Traffic from the technically feasible Point of lnterconnecllon on Verizon’s network in a LATA to the terminating Parly’s Customer shall be proraled so as lo apply only to the Toll Traffic, The designation of trafficas Recfprocal Compensatlon Traffic for purposes of Reciprocal Compensatlon shall be based on the actual originating and ,terminating points of the cornpfets end-to-end communication.
7.2 Traffic Not Subject to Reciprocal Compensation. 7.2.1 Reciprocal Compensation shall not apply to interslate or intrastate Exch’ange Access (including, without limitation, Virtual Foreign Exchange Traffic &e., VlFX Traffic), Information Access, or exchange services for Exchange Access or Information Access. 7.2.2 Reciprocal Compensation shall not apply to lnternet TraMc. 7.2,3 Reciprocal Compensation shall not apply to Toll Traffic, including, but not limited to, calls orlginated on a 1t ptesubscription basis, or on a casual’dialed(~OXXX/lOlXXXX) basis. 7.2.4 Reciprocal Compensatfon shall not apply to Optional Exlended Local Calling Scope Arrangement Traffic. 7.2.5 Reciprocal Compensation shalt not apply to special access, private he, or any other traffic that is not switched by the terminating Party. 7.2.6 Reciprocal Compensation shall nut apply to Tandem Transit Traffic. 7.2.7 Reciprocal Compensatlon shall not apply to Voice Information Service Trafflc (as defined In Section 5 of the Addlttonal Services Attachment). 7.2.8 Reciprocal Compensation shalf not apply to traffic that is not subject to Reciprocal Compensation under Section 251(b)(5)of the Act.
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EXHIBIT - B WKC 000074 7.2.9 Reciprocal Compensation shall not apply to Virtual Forefgn Exchange Traffic (Le., VlFXTraffic). As used in this Agreement, "Virtual Foreign Exchange Traffic" or VIFX Trafflc" is deflned as calls in which a Ymax Customer is assigned a telephone number with a? NXX Code (as set forlh in the LERG) associated with an exchange that is different than the exchange (as set forth in the LERG) associated with the actual physical location of such Customefs station. For the avoidance of any doubt, Ymax shall pay Verizonk originating access charges for all V/FX TraMc Originated by a Verizon Customer, and Ymax shalf pay Verlzon's termhating access charges for all VlFX Trafflc originated by a Ymax Cdstorner. ., .. . ' 7.3 The Reciprocal Compensalion rates (Inciuding, but not limited'to, the.Reciprocal Compensation per mlnute of use charges) billed by Ymax to Verizon shall not exceed the Reciprocal Compensation rates (includlng, but not lirnited.to, Reciprocal Cornpensatlonper minute of use charges) bllled by Verlzon to Ymax. 8. Other Types of Traffic 8.1 Notwithstanding any ofhet provision of lhts Agreement or any Tariff: (a) the Parties' rights and obligatlons with respeot to any intercarrier compensationthat may be due in connection with thelr 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 Parly shall not be obligated to pay.any lntercarrler compensation for Internet Traffic that is in excess of the intercarrier compensation for lnternef 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,l of thls Attachment, interstate and intrastate Exchange Access, Information Access, exchange services for Exchange Access or information Access, and Toll Traffic, shall be governed by !he applicabfe provisions of fhls ,Agreement and appiicable Tariffs. 8.3 For any trafffo originatlng with a third party carrier and delivered by Ymax to . Verizon, Ymax shall pay Verizon the same amount that such third party carrler waufd have been obligated to pay Verizon for termination of that traffic at the loaation the traffic is delivered to Verizon by Ymax,
8,4 Any traffic not specifrcally addressed in this Agreement shall be treated as required by the applicable Tariff of the Party transporting andlor terminating the traffic. . 8.5 The Parties may also exchange Internet Traffic at the technically feasible Polnt(s) of Interconnectionon Vefizon's network in a LATA established hereunder for the exchange, of Reciprocal Compensation Traffic. Any intercarrier compensation that may be due in connection with the Parlies' exchange of Internet Traffic shall be applied at such technically feasible Point of Interconnection on Verlzon's network In a LATA In accordance with the FCC Internet Order. 9. Transmission and Routing of Exchange Access Traffic 9.1 Scope of Traffic.
Sectton 9 prescribes parameters for certain trunks to b8 established over the lnterconnectlons specified in Sections 2 through 5 of this Attachment for the transmission and routing of traffic between Ymax Telephone Exchange Servfce Customers and lnterexchange Carriers ("Access Toil Connecling Trunks"), In any
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EXHIBIT - B WKC 000075 case where Ymax elects to have its End Office Switch subtend a Verizon Tandem. This Includes casually-dialed(101OXXX and IOIXXXX) trafflc.
9.2 Access Toll Connecting Trunk Group Architecture. 9.2.1 If Ymax chooses to subtend a Verlzon access Tandem, Ymax‘s NPNNMmust be assigned by Ymax to subtend the same Verizon . access Tandem that a Verizon NPNNXX sewing the same Rate Center Area subtends as identifled in the LERG. 9.2.2 Ymax shall establish Access Toll Conneciing Trunks pursuant to applicable access Tarlffs by which It will provide Switched Exchange Access Services to Interexchange Carders to enable such interexchange Carriers to originate and terminate traflc to and from Ymax’s Customers, 9.2.3 The Access Toll Connecting Trunks shall be two-way trunks, Such. trunks shall connect the End Office Ymax utilizes to provlde Telephone Exchange Servfce and Switched Exchange Access to Its Cusiomers In a given LATA to the access Tandem(s) Vefizon utllizes to provide Exchange Access in such LATA. 9.2.4 Access Toll ConnecUnS, Trunks shall be used solely for the transmission and routing of Exchange Access to allow Ymax’s Customers to connect to or be connected to the interexchange trunks of any Interexchange Carrier which is connected to a Verkon access Tandem. IO. Meet-Point Billing Arrangements 10.1 Ymax and Vedzon wlli establish Meet-Point Billing (MPB) arrangements In order to provide a common transport option to Switched Exchange Access Servlces customers vla a Verizon access Tandem Switch in accordance with the Meet Point Bllling 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 arrangemenis for the applicable Yrnax Routing PointWerizon Serving Wire Center combinations. 10.3 Interconnection for the MPB arrangement shall occur at each of the Verlzon access Tandems In the LATA, unless otherwise agreed to by the Parties. 10.4 Ymax and Verizon will use reasonable efforts, indivfdually and collectively, to maintain provisions In their respective slate access Tariffs, andlor provlslons within the National Exchange Carrler Association (NECA} Tariff No. 4, or any successor Tariff sufflclent to reflect the MPB arrangements established pursuant fo this Agreement, ’f0.5 In general, there are four alternative Meet-Point Billing arrangements posslble, which are: Singb 81111Single Tariff, Multlpte Blli/Single Tariff, Multiple BllVMutttple Tariff, and Single Blll/Multiple Tariff, as outlined in the OBF MECAB Guidelines, Each Party shall Implement the “Multiple Bill/Slngle Tariff’ or “Multiple BIIIIMultlple
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EXHIBIT - B WKC 000076 Tariff’ optlon, as appropriate, In order to bill an 1XC for fhe portion of the MPB arrangement provided by that Pam. Alternatively, In former Bell Atlantic servlce areas, upon agreement of the Parties, each Party may use the New York State Access Pool on Its behalf to tmplement the Single 3itllMultipleTariff or Single BillfSingle Tariff optfon, as appropriate, in order to bill an IXC for the portion of the MPB arrangement provided by that Party.
10.6 The rates to be billed by each Party.for the portlon of the MP8 arrangement provided by it shall be as set forth In that Party‘s appilcable Tariffs, or other document that contains the terms undqwhich that Party‘s access services are offered.,For each Ymax Routing PoinWerlzon Servlng Wire Center combination, the MPB bllling percentages for transport between the Ymax Routing Point and . the Verlzon Serving Wire Center shall be calculated in accordance with the formula setforth in Section 10.17 of this Attachment. 10.7 Each Party shall provide the other Party with the billing name, bflling address, I and Carrier identification Code (CIC)of the IXC, and Identification of the Verizon Wire Center serving the IXC In order to comply wffh the MPB notlfication process as outlined in the MECAB document. 10.8 Verizon shall provide Ymax with the Terminatlng Switched Access Detail Usage Data (EM1 category 1101xX records] recorded at the Verizon access Tandem on cartridge or via such ofher media as‘the Parties may agree to, no Mer than ten (10) Business Days after the date the usage occurred. 10,Q Ymax shall provide Verizon with the Orlginatlng Switched Access Detail Usage Data (EM category IIO‘iXX records) on cartridge or via such other media as the Partles may agree, no later than ten (IO) Business Days after the date the usage occurred. 10.10 All usage data to be provided pursuant to Sections 10.8 and 10.9 of this Attachment shall be sent to the following addresses: To Ymax: Peter Russo 223 Sunset Avenue, Suite 223 Palm Beach, Florida 33480
- For Verizon (Former EA service area): New Yoik State Access Pool GI0 ACM, Inc. 120 Erle Blvd. Schenectady, NY 12305 Attn: Mark Ferri
Either Party may change its address for receiving usage data by notifylng the other Party In writing pursuant to Section 29 of the General Terms and - Condltions.
lO#j1 Ymax and Verkon shell coordinate and exchange the bllling 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 IO. Each Party shall notify the other If the level of billing or other ..
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EXHIBIT - B WKC OODOn .. . .,
EAWBACR elements change, resulting in a new BAWBACR number, dr If the OCN changes, 10.12 Each Party agrees to provlde the other Party with notificatlon of any errors it discovers In MP5 data within thirty (30)calendar days of the receipt of the origlnal data. The other Party shalt attempt to correct the error and resubmit the data within ten (IO) Business Days of the notification. In the event the errors cannot be corrected within such ten- (IO) Buslness4lay period, the erroneous data wilt be considered lost. In the event of a loss of data, whether due to uncorrectabie errors or otherwise, both Parties shall cooperate to reconstruct the lost data.and, if suchwconstruction Is not possible, shall accept a reasonable ’ estimate of the lost data based upon prior usagedata. 10,13 Either Party may request a review or audit of the various components of access reqxding up to a maxlrnum of fwo (2) audits per calendar year. All costs associated with each review and audit shall be borne by fhe 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 addltlonal audits, af Its expense, upon the olher Party’s consent, whichamsent shall not be unreasonably withheld. 10.14 Except as expressly set forth In this Agreement, nothing contained in thls.Ss&on 10 shall create any liability for damages, losses, claims, costs, ln]urles, expenses or other liabtlities whatsoever on the part of elther Party, 30,15 MPB will apply for all traffic bearing the 500, SOO, toll free service access code (e,@,80018881877) (io the extent provlded by an IXC) or any other non- geographtc NPA which may be designated for such traffic In the fulure. 10.16 In the event Ymax determines to offer Telephone Exchange Servlces in a LATA in which Verizon operates an access Tandem Swlich, Verizon shall permit and enable Ymax to subtend the Verlzon access Tandem Switch(es) designated for the Verlzon End Offices In the area where there are located Ymax Routing Point(s) associated wlth the NPA NXX(s) tolfrom whtch the Switched Exchange Access Services are homed. 10,17 Except as otherwise mutually agreed by the Parties, the MPB billing percentages for each Routing PolnWerlzon Serving Wire Center combination shall be. calculated according to the following formula, unless as mutually agreed to by the Parfies: a I (a + b) = Ymax Billlng Percentage and
b I (a -t b) = Verizon Billing Percentage where: a = the airline mileage between Ymax Roufing Point and the actual point of interconnectlon for the MPB arrangement; and b = the alrlina mileage bepeen lhe Verizon Serving Wlre Center and the actuat poM of interconnection for the MPB arrangement,
10.j8 Ymax shall inform Verlzon of each LATA In which it intends to offer Telephone Exchange Services and its calculation of the billing percentages which should
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EXHIBIT - B WC000078 apply for such arrangement, Within ten (70) Business Days of Ymax's deilvery of notice to Verizon, Verizon and Ymax shall confirm the Routing PolntNerlzon ServfngWire Cents: combination and billing percentages.
iI, Toll Free Service Access Code (e&, 800/888/877) Traffic The following terms shall apply when either Party delivers toll free service access code fe.g., 800/877/888)("8W") calls to the othsr Party, For the purposes of fhis Section lql the terns "translated" and "untranslated" refers to those toll free service access code . .. calls fhat have been queried (%anstated") or have not been queried ("untranslated") to an 8YY database. Except as othenvise agreed to by the Parties, all Ymax ortglnaiing "untranslated" 8YY traffic will be routed Over q separate One-way MiscellaneousTrunk group.
11,j When Yrnax delivers translated 8YY calls to UeTizon to be completed by 11.1.1 an IXC: I1*1,1,1 Ymax will provlde an appropriate EM1 record to Verizon; 11.1;1!2 Ymax will bllf the IXC the Ymaxk applicable Switched Exchange Access Tariff charges and the Yrnax's applicable Tariff query charges; and. . . Verizon will bill the IXC Verlzon's applfcslble Switched Exchange Access Tariff charges. 11 .I.2 Verizon:
7 1I f-2.9 Ymax will provide an appropriate EM1 record to Verizon; and 2 1.1.2.2 Ymax will bill Verizon the Ymax's Switched Exchange Access Tariff charges and the Yrnax's applicabieTariif query charge, 11.1.3 a toll free service access code service provider in fhat LATA: 11.1.3.1 Ymax will provide an appropriate EM1 record to Verizon and the toll free service access code service provlder; 11.1.3.2 Ymax will bill the loll free servlca access code servbe provlder the Ymax's applicabte Switched Exchange Access Tariff charges and the Yrnax's applicable Tariff query charges; and 4 1,I ,3.3 Verlzon will blll the toll free service access code service provider Verizon's applicable Switched Exchange Access * Tarlff charges. 11.2 When Verizon performs the query and delivers lranslated 8YY calls, orlginaied by Veriton's Customer or anolher LEC's Customer to Yrnax lo be compteted by 11.2.1 Yrnax: 1I .2.1.1 Verizon will provide an appropriate EM1 record to Ymax; . and
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EXHIBIT - B WKC 000079 11.2.12 Verizon will btll Ymax Verizon's applicable Switched Exchange Access Tariff charges and Verhon's applicabje . Tariff query charges. 11.2.2 a toll free service access code sewke provider in that LATA . 11.2.2.1 Verizon will provide an appropriate EM1 record to Ymax and the toll free service access code service provider; II .2,2.2 Verizon will bill the toll free service access code service provider Verizon's applicable Swltched Exchange Access ' Tariff charges and Verizon's applicable Tariff query charges: and 1-1.2,2,3 Ymax will blli the toll free service access code service, provider the Ymax's applicable Switched Exchange Access Tariff charges. It3 When Yrnax: deiivecs untrsnslated 8W calls to Verizon to be completed by
' 11.3,l anIXC 11.3,l.l Verlzon will query the call and route the call to the approprfate IXC; ' 9 1.3.1.2 Verizon will provide an appropriate EM1 record to Ymax; 41.3,1,3 Verlzon will bill the IXC Vekon's applicable Switched Exchange Access Tariff charges and Verizon's applicable Tariff query charges; and 1I .3.1.4 Ymax wlli bill the IXC Yrnax's applicable Switched Exchange Access Tariff charges. 11.3.2 Verizon: 14.3.2.1 Verizon wlll query the caTl and complefe the call; 11.3.2.2 VerIzon will provide an appropriate EM! record to Ymax; .I4.3.2.3 Ymax will blll Verizon the Ymax's appitcable Switched Exchange Access Tariff charges. . 11.3.3 a toll free service access code service provider in that LATA: 14.3.3,l Verizon will query the call and route the call to the appropriate toil free servlce access code service provider; 11.3.3.2 Verizon will provide an appropriate EM1 record to Ymax and the toll free service access code service provider; 11,3.3.3 Verlzon will bill the toll free service access code service provider Verlzon's applicable Switched Exchange Access Tariff and Verizoli's applicable Tariff query charges; and 11.3.3.4 Ymax will bill the toll free service access code service provider the Ymax's applicable Switchsd Exchange Access Tariff charges.
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EXHIBIT - B WKC 000080 11.4 Verizon will not direct untranslated toll free setvice access code call to Ymax. 12. Tandem Transit Traffic 121 As used In this Sectlon, Tandem Transit Traffic Is Telephone ExchangeServlce .. traffic that orlglnates on Ymax's network, and is transported through Verlton's Tandem to the subtending End Office or its equivalent of another carrier.(CLEC, . ILEC other than Verizon, Commercial Mobile Radio Service (CMRS) carrier, or . other LEC ("Other Carrier"). Neither the orighaling nor terminating customer is a Customer of Verizon. Subtending End Offices shall be determined In accordance wlth and as identlfled in the Local Exchange Routing Guide (LERG), Switched Exchange Access Service traffic is not Tandem Transit Trafflc. 122 Tandem Transit Trafflc Sewice provides Ymax with the transport of Tandem Transit Trafflc as provided Below. 12.3 Tandem Transit Traffic may be routed over the InterconnectionTrunks described in Sections 2 through 6 of this Attachment, Ymax shall ddlver each Tandem Trarislt Traffic call to Verizon's Tandem with CCS and the appropriate Transactional CapabilitiesApplication Part ("TCAP) message to facilitate full I'nteroperabiiity of CLASS Features and billing functions. 12.4 Ymax m8y use Tandem Transit Traffic Service only for traffic that originates on Ymax's network and only to send traffic to an Other Carrier with whom Ymax has a reciprocal traffic exchange arrangement (either via written agreement or mufuaf tariffs) that pK~id8Sfor the Other Carrier, to terrnlnate or complete trafflc orlginated by Ymax and to bill Ymax, and not to blll Verkonl for such traffic. Ymax agrees not to use Verizon's Tandem Transit frafflc Service to send traffic to an Other Carrler with whom Ymax doas not have such a reciprocaltrafflc exchange arrangement or to send traffic that does not originate on Yrnax's network. 12.5 Ymax shall payverizon for Tandem Transit Tramc Service at the rates specified in the Pricing Attachment, Verizon will not be liable for compensation to any Other Carrier for any trafflc that is transported through Verizon's Tandem and Verizon resewes the right lo assess to Ymax any additional charges or costs any Other Carrier imposes or levies on Verizon for the delivery or terminatlon of such traffic, including any Switched Exchange Access Service charges. If Verkon Is bllted by any Other Carrier for any traffic originated by Ymex, Verizon may provide notice to Ymax of such billing, Upon receipt of such notice, Ymax shall Immediately stop using Verizon's Tandem Transit Traffic Service to send any traffic to such Other Carrier until it has provided to Verizon certification that the Other Carrier has removed such billed charges from its bftl to Verizon and that the Other Carrier wllt not blll Verizon for any traffic originated by Ymax. Such ceriification must be signed by an authorized offlcer or agent of the Olher Carrier and must be in a form acceptable to Verizon.
12.6 If Ymax uses Tandem Transit Traffic Service for traffic volumes that exceed the CCS busy hour equivalent of 200,000 combined minutes of use per month (a DS1 equivalent) to the subtending End Office of a particular Other Carrier for any month (the "Threshold Level"), Ymax shall use good faith efforts to establish direct interconnectionwith such Other Carrier and reduce sbch trafflc valumes below the Threshold Level. If Verizon believes that Ymax has not exercised good faith efforts promptly to obtain such direct interconnectlon, either.. Party may use the Displite Resolution processesof this AQreement.
69
EXHIBIT - B WKC 000081 t2,7 If Ymax fails to comply with Section 42 of this Attachmen[, such failure shall be a material breach of a material provision of this Agreement and Verizon may exercise any and all remedles under this Agreement and Applicable Law for such breach.
42.8 If or when a third party carrier plans to subtend 8 Ymax switch, then Ymax shall provide written notice to Verizon at least ninety (90) days before such subtending ,arrangement becomes effecllve so that Verizon may negotlate snd establlsh direct interconnection with such lhitd parly carrfer. Upon written request from Verizon, Ymax shall offer io Verizon a service arrangement equivatent to or the same as Tandem Transit Traffic Service provided by Verizon to Ymax 8s defined in this Section such that Verizon may terminate calls to a Central Office or Its equivalent of a CLEC, ILEC other than Verizon, CMRS carrier, or other LEC, that subtends a Ymax Central Office or its equivalent (“ReciprocalTandem Transit Service”). Ymax shall offer such Reciprocal Transit Service arrangements under . terms and.conditions of an amendment to this Agreement or a separate agreement nq less favorable than those provided In this Section. 12.9 Neither Party shall take any actions io prevent the other Party from entering Into a.direct and reciprocal traffic exchange arrangement 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 Centrai OfficeCodes (“NXX”) pursuant to the Central Office Code Assignmen! Guidelines and any relevant FCC or Commission orders, as may be amended from time to time, or to astablish, by Tariff or othenrvlss, Rate Center Areas and Routing Points corresponding tosuch 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 ERGin order to recognize and route traffic to the other Patty’s assigned NXX codes. Except as expressly set forlh in this Agreement, neither Party shall impose any fees or charges whatsoever on the other Party for such activities. 13.3 Unless ofherwise required by Commission order, the Rate Center Areas will be the same for each Party. During fhe term of this Agreement, Ymax shall adopt the Rate Center Area and Rate Center Points that the Commisslon has approved for Yerizon within Ihe-LATA and Tandem serving area, Ymax shall assign whole NPA-NXX codes to each Rate Center Area unless otherwise ordered by the FCC, the Commission or another governmentai entity of appropriate jurisdictlon, or the LEC industry adopts.alternat1ve methods of ufilizlng NXXs, 13.4 Ymax will also designate a Routing Point for each assigned NXX code. Ymax shall designate one localton for each Rate Center Area In which the Ypax has established NXX code(s) as the Routing Polnt for the NPA-NXXs associated with that Rate Canter Area, and such Routing Polnt shall be within the same LATA as the Rate Center Area but not necessarily wlthin the Rate Center Area itself. Unless specified otherwise, calls to subsequent NXXs of Ymax will be routed In the Sam0 manner as calls to Ymax’s Inltiai NXXs. 33.5 Notwithsianding anything to ihe contrary contalned herein, nolhing‘h this Agreement is intended, and nothing in this Agreement shall be construed, to in any way constrain Ymax’S chokes regardinQ the size of the tocai calling area(s)
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EXHIBIT - B WKC 000082 lhat Ymax may establlsh 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 Groornlng Process; Forecasflng 14.1 Joint Network ImpIementaIion and Grooming Process, Upon request of either Party, the Parties shall jointly devetop an implementation and grooming process (the “Joint Grooming Process” or “Joint Process”) whtch may deflne and detail, inter alia:
14.1.1 standards to ensure that Interconnection Trunks experience a grade of service, availability and quality whbh Is comparable to that achieved on interoffice trunks wtfhin Verlzon’s network,and.inaccord with all . appropriate Felevant Industry-acceptedqualily, reliability and availability standards. Except as otherwise stated In fhls bgreemenf, trunks provided by either Party for.lnterconnect1on services will be engineered using a design-blocking objective of B,OI, 14.1.2 the respective duties and responsibilities of the Parties dth respect to the administration and maintenance of the trunk groups, includlng, 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 feaslbie Polnt(s) of Interconnection on Verizon’s , network in a LATA as provided in Section 2 of this Attachment; and 14.1.5 such other matters as the Parties may agree, incfudlng, e.g., End Offlce to End Office high usage trunks as good engineering practices may dictate. 14.2 Trunk Forecastlng Requirements, 14.2.1 Initial Trunk Forecast Reouiremenls. At least ninety (90) days before Initiating Interconnection In 8 LATA, Ymax shall provide Verizon a two (2)-year trafficforecast that complies with the Verizon Interconnection Trunhing Forecast Guide, as revised from time to time, This initial traffic forecast wlll provide the amount of traffic to be delivered to and from Verizon over each of the lnterconnectlon Trunk groups in the LATA over the next eight (8)quarters. ‘l42.2 Onaolna Trunk Forecast Reauirernents. Where the Parties have . already established Interconnection in a LATA, Ymax shall provide a new or revised traffic forecast that complles with the Verizon . InterconnectionTrunking Forecast Guide when Ymax develops plans or becomes aware of information that will materially affect the Pafiies’ inferconnection In that LATA. Instances that require a new or revised forecast Include, but are not limited to: {a) Ymax plans to deploy a new . swltch; (b) Ymsx plans to implement a new POI or network architecture; (c) Ymax plans to rearrange Its network; (d) Ymax plans to convert a One-way InterconnectionTrunk group to a Two-way interconnection Trunk group; (e) Ymax plans to convert a Two-Way Interconnection Trunk group to a One-way Interconnection Trunk group; or (f) Ymax expects a slgnificant change in interconnection traffic volume. In addition, upon request by either Party, the Partles
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EXHIBIT - 6 WKC 000083 .. shall meet to: (i) review traffic and usage data on End Office and Tandem Interconnection Trunk groups and (il) determine whether the Parties should establish new Interconnection Trunk groups,.augrnent existing interconnection Trunk groups, or disconnect existing Interconnection Trunks. . 14.2.3 Use of Trunk Forecasts. Trunk forecasts provided pursuant to this Agreem.ent must be prepared In good faith but are not ofhewise blndlng on Ymax or Verlzon. 15, ’Number Porffabillty - Section 251(8)(2) 15.1 Scqpe, The Partles shal) provide Number Poriablllty (NP) in accordance with rules and regulations as from time to time prescribed by the FCC.
15.2 Procedur.es foi Providing LNP (“Local Number Portability"). The Pqtlies will follow the LNP provisioning process recommended by the NoFth Amarican Numbering Councll (NANC) and the Industry Numbering Councll (INC), and adopted by the FCC. In addition, the Parties agrae 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 (“PartyA”) elects to become a Customer of the other Pariy (“Party8”). The Customer elects to utilize the original telephone number(s) corresponding to the Telephone Exchange Service(s)It previously recelved from Party A, in conjunction with the Telephone Exchange Service(s)it wlii now receive from Party 6. After Pa@ 6 has received authorization from the Customer In accordance with Applicable Law and sends an LSR to Party A, Patties A and B will work together to porl the Customer’s telephone numbar(s) from Parfy A’s network to Party B’s network. ‘t5.2.2 When a telephone nUmb8r Is ported out of Party A’s network, Party A .will remove any non-proprietary the based calling card@)assoclated with the ported nurnber(s) from Its Llne lnforrnatlon Database (L1D8). Reactivation of the line-based calling card in another LIDB, If desired, is the responsibillty of Pariy I3 or Party B’s Customer,
15.2.3 When 8 Customer of Party A porls their telephone numbers to Party 6 and the Customer has prevlously secured a reservalion of line numbers from Party A for posslbte activation at a future polnt, these reserved but Inactive numbers may be ported along with the actlve ~Mb8rSto 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 8. 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 pork their telephone numbers to Parly B, in the process of porting the Customer’s telephone numbers, Party A ’ shail implement the ten-digit trigger feature where it Is avaiiab1e:When Party A receives the portlng request, the unconditional trigger shall be ,
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EXHIBIT - B WKC 000084 applied to the Custorneis line before the due date of the porting activity. When the ten-dlglt uncondltlonai trigger is not avaltabls, Party A and Party 8 must doordlnate the dlsconneut activity. 15.2.5 The Parties shall furnish each other with the Jurisdiction Information Parameter (JIP) in the lnitial Address Message (iAM), according to industry standards, 152.6 Where LNP is cornmercialiy available, the NXXs in the office shall be defined as portable, except as noted in 152.7, and translations wlll be changed in the Parties’ switcbes to open fhose NXXs for database queries in all applicable LNP capable offices within the LATA of the given switch@). Qn a prospective basis, all newly deployed switches wlli 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. Nan-portable NXXs include NXX codes assigned to paging services; NXX codes assigned for internal testing and official use, and any other NGcodes reqtilred to be designated as non-portable by the rules and regulations of the FCC. NXX codes assigned to mass calling on a choked nelwork may not be ported using LNP technology but are portable uslng methods established by the NANC and adopted by the FCC. On a prospective basis, newly assigned codes In switches capable of portlng shall become commercially available for porting with the effective date In the network. 15.2.8 80th 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 singie Customer, or activated at least eighty percent (80%) of an NXX for a single Customer, with the remaining numbers In that NXX elther reserved for future use by that Customer or otherithe unused, if such Customer chooses to receive Telephone Exchange Servfce from . the other Party, the first Pariy shall cooperate wlth the second Pariy to have the entire NXX reassigned in the LERG (and associated Industry databases, routlng tables, eta) 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 Nusfrom one switch to another. Neither Party shall charge the other in connection with this coordinated transfer.
15.4 Procedures for LNP Request. The Parties shall provide for the requesting of End OMce LNP capability on a reciprocal basls through a written request. The Parties acknowledge that Verizon has deployed LNP throughout its nehvork in compliance with FCC 96-286 and other applicable FCC Regulations. 15.4.1 If Party 0 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 8, within ten (to) days of receipt of the request, with a date for which LNP will be
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EXHIBIT - B WC000085 .. . . .- avallable in the requested End Office. Party A shall proceed to provlde 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. 15.4.2 The Parties acknowledge that each can determine the LNpcapable End Offices of the other through the Local Exchange Routing Gulde (LERG). In addition; the Parties shall make information available upon request showing their respective LNP-capable End Offices, as sbtforlh In this Section 15.4. 15,5 Ymax shall submit orders to port numbers electronically uslng an LSR via the Verizon web Graphical User Interface (IlSUl”) or Electronic Data Interface (”EDI”) pursuant to the inslruclions, business rules and guideiines set forth on the Verizon wholesale webslte. 16. Good Faith Performance If and, lo the extent that, Verizon, prior to the Effectlve Date of this Agreement, has not provided in the State of West Virglnla a Service offeredunder th1s Attachment, Verizon miewes the right to negotlate in good faith wllh Ymax reasonable terms and conditions (inciudlng, without limltalion, rates and implementatlon tlmefrarnes) for such Service; and, if the Parties cannot agree to‘such terms and conditions (including, without limitation, rates and implementation timeframes), either Party may ulilize the Agreement’s dispute resolution procedures. ..
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EXHIBIT - B WKC 000068 RESALE ATTACHMENT
General Verizon shall provide to Ymax, in accordance wilh thls Agreement (including, but not limited fo, Verizon‘s applicable Tadffs) and the requirements of Apptfcable Law, Verizon’s TelecommunicationsServices for resale by Ymax: provided. that notwithstanding any other provision of this Agreement, Verizon shall be obligated to provide . TelecommunicationsServices to Ymaxonly to the extent required by Appffcable Law and , may decline to provlde a Telecmmunicatlans ServIce to Ymax to the extent that provision of such Telecommunications Service is not required by Appilcabie Law. - .*_. .
2. Use of Verizon Telecommunications Services 2.1 Verizon Telecommunlcatlons Sekices may be purchased by Yrnax und6r”ihis ’ Resale Attachment only for the purpose of resale by Ymax as a Telecommunications Carrier. Verizon Telecommunicaflons Services to be purchased by Ymax for other purposes (Including, but not limited to, Ymax’s own use) must be purchased by Ymax pursuant to other applicable Attachments to thls Agreement (if any), or separate written agreements, including, but not limited to, applbable Verizon Tarlffs, 2.2 Ymax shall not resell:
. 2.2.j Residential servlce to persons not eligible io subscribe to such servfce from Verlzon (Including, but not limited to, business or other nonresidenlial Customers); ’ 2.2.2 Lifetine, Link Up America, or other means-tested service offerings, to persons not eiiglbie to subscrlbe to such service Offerings from Verizon; 2.2.3 Grandfathered or discontinued service offerings to persons not ellgible to subscribe to such servtce offerings from Verizon; or 224 Any other Varizon service in violation of a restriction stated In this Agreement (Including, but not ilmlted to, a Verizon Tariff).that Is not prohibited by Applicable Law. 225 In addition to any other actions taken by Ymax to comply wlth this Section 2.2, Ymax shall take those actidns required by Applicable Law , to determine the eliglbillty of Ymax Customers to purchase a service, including, but not limited to, obtaining any proof or certification of eliglbilhy io purchase Llfetine, Link Up Amerba, or other means-tested services, required by Applicable Law. Ymax shall indemnify Verizon from any Claims resulting from Ymax’s failure to take such actions required by Applicable Law, 2.2.6 Verizon may perform audits to confirm Ymax’s conformity to the provisions of this Section 2.2. Such audits may be performed twice par calendar year and shall be performed in accordance with Section 7 of the General Terms and Conditions.
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EXHIBIT - B WKC 000087 ..
2.3 Ymax shali.be subject to the same limitations that Variton's Customers are ' subject to with respect to any Telecommunications Service that Verlzon grandfathers or discontinues offering. Without limiting the foregoing, except to the extent that Verizon foiiows a different practice for Verizon Customers in regard to a grandfathered TelecommunicationsService, such grandfathered Telecommunications Service:. (a) shall be available only to a Customer that already has such TelecommunicationsServlce;(b) may not be moved to a new service location; and (cf will be furnished only to the extent that facliities continue to be avallabie to provide such Telecommunications Service, 2.4 Ymax shall not be eligible to participate In any Verizon pian or program under which Verizon Customers may obtaln products or senrlces, which are not Verizon TelecommunicationsServices, in return for trying, agreeing to purchase, purchasing, or Using Verizon TblecommunicationsServices. 2.5 In accorfiance with 47 CFR 8 5?,657(b),Verizon shall be entitled to ail charges forVerizon Exchange Access servlces used by interexchange carriers to provide .. service to Ymax Customers. 3, Avallabillty of Verlzon Telecommuntcations Services
' 3.1 Verizon wlll provide a Verizon Telecommunications Service to Ymax for resale pursuant to fhis Attachment where and to Ihe same extent, but only where and to . ihe same extent that such Verizon TelecommuntcationsServbe is provided to Verizon's Customers. 3.2 Except as otherwise required by Applicable Law, subject to Section 3,1 of thfs .Attachment, Verizon shall have the rlght to add, modify, grandfather, dlscontinue or withdraw Verlzon Teiecommunications Services at any time, without the COnSeht of Ymax. .3.3 To the extent required by Applicable taw,.the Verizon Telecornmunlcallons Servtces to be provided to Ymax for resale pursuant to this Attachment will include a Verizon TelecommunicationsService customer-specific confract service arrangement (UCSA") (such as a customer specific pricing arrangement or indlvidual case based pricing arrangement) that Verkon is providing to a Verlzon Customer at the time the CSA is requested by Ymax.
4, Responsibility for Chargas 4.1 Ymax shaii be responsible for and pay to Verlzon all charges for.any Teiecommunications Services piovided by Verizon or provided by persons other than Verizon.and biiied for by Verizon, that are ordered, activated or used by Ymax, Ymax Customers or any other persons, through, by means of, or in association with, Telecommunications Services provlded by Verlzon to Ymax pursuant to this Resale Attachment.
4.2 Upon request by Ymax, Ven'zon will provide for.use on resold Verizon retail I TelecommunicationsService dial tone lines purchased by Ymax such Verizon retail Telecornmunlcalions Service call blockfng and call screenlng services as Verizon provides to Its own end user retall Customers, where and to the extent Verizon provides such Verizon retail Telecommunications Servlce call blocking services to Verizon's own end user retall Customers, Ymax understands and agrees that cerfain of Verizon's call blocking and call screening services are not guaranteed to biock or screen ail cab and that notwithstanding Ymax's purchase of such blocking or screenlng services, Ymax's end user Customers or other persons ordering, activating or using Telecommunications Services on the resotd
Ymax W Cornp v2.8c,dac 76
EXHIBIT - B WKC 000088 dial tone lines may complete or accept calls which Ymax Intended to block, Notwlthstanding.theforegoing, Ymax shall be responsible for and shall pay Verizon all charges for.Telecommunications Services provided by Verizon or provlded by persons other than Veriton and billed for by Verizon in accordance with the terms of Section 4.1 above. 5. Operations Matters 5.1 Facilities. 5.1.1 Verlzon and its suppliers shall retain all of their right, title and interest in all facilltles, equipment, software, Informatfon,, and wjring used to. provide Verlzon TelecommunicationsServlces, 5.4.2 Verizqn shall have access at all reasonable times to Ymax Customer locations for the purpose of instaiilng, inspecting, maintalning, repairing, and removing, facilities, equipment, software, and wiring used to provide ihe Verizon TelecommunicationsServices. Ymax shall, at Ymax's expense, obtain any rights and authorizations necessary for such access. 5.1.3 Except as otherwise agreed to In writing by Verfzon, Verlzon shall not ' be responsible forthe instalfation, Inspection, repalr, maintenance,.or removal of facilities, equlpment, software, or.wiring provided by Ymax or Ymax Customers for use filth Verizon Telecommunications ' Services.
5.2 Branding.' 5.2.1 Except as stated in Section 5.2.2 of this Attachment, inproviding Verlzon Telecommunlcations,Servicesto Yrnax, Verizon shall have the right (but not the obligallon) to identify the Verjzon Selecornmunicattons Services with Verizon's trade names, trademarks . .. and service marks ("Verizon Marks"), to the same extent .that these .. Services are identifled with Verizon's Marks when they are provided to Verizon's Customers. Any such identtfication of Verlzon's Telecommunications Services shall not constitute the grant of a license or other rlght to Ymax to use Verizon's Marks. 52,2 To the extent required by Applicable Law, upon request by Ymax and at prices, terms and condittons to be negotiated by Ymax and Verlzon, Verizon shall provide Verizon TeleCOrnmUniGatlOnS Services far resale fhat are identified by Ymax's trade name, or that are not identlfled by trade name, trademark or service mark. 5.2.3 If Verizon uses a third-party contractor to provlde Verizon operator services or Verizon directory assistance, Ymax will be responsiblefor . cnterlng Into a direct contractual arrangement wilh the thlrd-pariy contractor at Yrnax's expense (a) to obtain identification of Verizon operator services or Verizon directory assistance purchased by Ymax for resale with Ymax's trade name, or (b) to obtain removal of Verizon Marks from Verizon operator services or Verizon directory assistance purchased by Ymax for resale, Rates and Charges The rates and charges for Verlzon Telecomrnuntcation Services purchased by Ymax for
EXHIBIT - B WKC 000080 resale pursuant to this Attachment shall be as provided in this Attachment and the Pricing . Attachm81$.
I. 7. Good Faith Performance If and, to the extent that, Ven'zon, prior fo the Effective Date ofthis Agreement, has not provided in the State of West Virginia a Service offered under this Attachment, Verizon . - reserves the right to negotiate in good falth wih Ymax reasonable terms and conditions (including, without limitaUon;rafes and Implementation timeframes) for such Service; and, if the Parties cannot agree to such terms and condttions (lncludlng, without timltatlon, rates and implementation tlmeframes), elther Party may uliiize the Agreement's dispute resolutlon procedures.
, 'i Ymax WV Conip v2.8c.doC
EXHIBIT - B WKC 000000 . ..
NETWORK ELEMENTS ATTACHMENT
1. General 1.1 Verizon shall provide to Ymax, in accordance wllh this Agreement (including, but not limited to, Verizon's applicable Tarllfs) and the requirements of Applicabfe Law, access to Verizon's Network Elements on an unbundled'basfs and in combinations (Combinations); provlded, however, that noMithstanding any other provision of thls Agreement, Verlzon shall be obllgated to provide unbundled Network Elements (UNEs)arid Combinations lo Ymax only to the extent required by Applicable Law and may decline to provide UNEs or Combinations to Ymax to the extent that provislon of such UNEs or Comblnations is not required by Appticable law. 9.2 Verizon shall be obligated to combine UNEs that are not already combined in Verizon's network only io the extent required by Applicable Law. Except as otherwise required by Applicable Law: (a) Verizon shall be obligafed fa provide a UNE or Comblnatlon pursuant to this Agreement only to the extent such UNE or Comblnatlon, and the equipment and faciiities necessary to provide such UNE or Cornblnatlon, are available in Veriion's network; and (b) Verizon shall have no obllgation to construct or deploy new facilities or equipment to offer any UNE or Comblnatlon, 1.3 Yrnax may use a UNE or Combination only for those purposes for which Vsrizon is requfredby Applicable Law to provide such UNE or Combinstlon to Ymax. Without limiting the foregoing, Ymax may use a UNE or Combhation (a) only to provide a Telecommunications Service and (b) to provide Exchange Access sewlces only to the extent that Verlzon is required by Applicable Law to provide such UNE or Combination to Ymax In order to allow Ymax to provide such Exchange Access services.
1.4 Nohvlthstandlng any other provision of thls Agreement: ' . 1.4.1 To the extent Verizon Is required by a change In Applicable Law to provide to Ymax a UNE or Cornbinatlon lhat Is not offwd under this Agreement to Ymax as of the Effective Date, the terms, conditions and prlces for such UNE or Cornbinaflon (fncluding, but not llrnited to,,the terms and condliions definlng the UNE or Combination and statlng when and where the UNE or Combhation will be available and how it will be used, and terms, condittons and prices for presrderlng, ordering, provlsioning, repair, maintenance and billing) shaii be as provided in an appllcable Verizon Tariff, or, fn the absence af an applicable Verjzon Tariff, as mubally agreed tn writing by Ihe Parlles, 1.4.2 Verizon shali not be obtigated to provide to Ymax, and Ymax shall not request from Verizon, access to a proprietary advanced intelilgent network servke. 1.5 Without limiting Verizon's rights pursuant to Applicable Law or any other sectto? of this Agreement to terminate its provision of B UNE or a Combination, if Verizon provides a UNE or Combination to Ymax, and the Commission, the FCC,a court or other governmental body of appropriate jurisdiction determines or has
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EXHIBIT - B WKC 000001 determined that Verizon is not required by Appllcabie Law to provfde such UNE or Combination, Verizon may terminate its provislon of such UNE or Cornblnation to Ymax. If Veriron terminates ifs provision of a UNE OT a Combination to Ymax pursuant to this Section 1.5 and Ymax elects to purchase other services offered -by Verfzon in place of such UNE or Combination, then: (a) Verizon shall reasonabiy cooperate with Ymax to coordlnate the termination of sucb UNE or Combination and the Installation of such services to minimize the interruption of service to Customers of Ymax; and, (b) Ymax shall pay all applicable charges for such services, including, but not limited to, all applicable installation charges. j,6 Nothing contained in this Agreement shall be deemed to constitute an agreement by Verlzon that any Item idenllfied in this Agreement as a Network Element Is (1) a Nefwork Eiement under Applicable Law, or (ii) a Network Element Verizon is required by Al)pllcable Law to provide to Ymax on an unbundled basis or in combination with other Network Elements. .. 1.7 If as the result of Ymax Customer actions (Le,, Customer Not Ready (“CNR”)), Verlzon carhot complete requested work activlty when a technician has been dispatched to the Ymax Customer premises, Ymax will be assessed a non- recurring charge associated with thfs visit. Thi! 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 appltcable retail or wholesale Tariff. 2. Verizon’s Provlslon of Network Elemonts Subject to the conditions set forth In Section 9 of ihls Attachment, in accordance wlth, but only to the extent required by, Applicable Law, Verlzon shall provide Ymax access to the foiI owing:
2.1 Loops, as set forth In Section 3 of this Attachment;
2.2 Line Sharing, as set forth In Section 4 of this Attachment; 2.3 Line Splitting, as set forth ih Section 5 of this Attachment; 2.4 Sub-Loops, as set forth In Section 6 of this Attachment; 2.5 Inside Wire, as set forth in Section 7 of this Attachment; 2.6 Dark Fiber, as set forth in Section 8 of this Attachment; 2.7 Network Interface Device, as set forih in Section 9 of this Attachment; 2.8 Circuit Switching Elements, as set forth in SecUon 10 of this Attachment; 2.9 Interoffice Transrnlssion Facllities (IOF),as set forth in Sectlon I1of this Attachment; ,. 2,lO Signaling Networks and Call-Related Databases, as set forth in Section 12 of this Attachment; 2.14 Operations Support Systems, as set forth in Section 13 of this Attachment and 2.12 Other VNEs In accordance wiih Section 14 of this Attachment. 3. Loop Transmission Types
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EXHIBIT - B WKC 000002 3.1 Subject to the conditions set forth 1nSectlon I of this Attachment, Verlzon shall allow Ymax to access Loops unbundled from local switching and local transport, In accordance with thls Section 3 and the rates and charges provided in the . Pricing Attachment, Verizon shall allow Ymax access to Loops in accordance . with, but only to extent required by, Applicable Law. The available Loop types . are as set forth below: 3.1.1 “2 Wire Analog Voice Grade Loop” or “Analog 2W provides an effective 2-wire channel with 2-wire InJerfaces at each end that is suitable for the transport of analog Voice Grade (nominal 300 to 3000 Hz) signals and bogstart signaling. 7hjs Loop type Is more fully described in Verlzon Technical Reference (TRk72565, 8s revlsed from tlme-to-time, If “Customer-Specified Signallng” is requested, the Loop wlll operate with one of the following signaling types that may be specified when the Loop Is ordered: loop-siart, ground-start, loop- reverse-battery, and no sfgnallng. Customer speched signaling Is more fully described In Verizon TR-72570, as revised from tlme-to- time. Verizon will not build new facllities. 3.1.2 V-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 Vofce Grade (nominal 300 to 3000 Hz) signals. This Loop type dll operate wlth one of the following signaling types that may be speoified 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 tlme-to-time. Verizbn will not build new facllities, 3,t3 ‘Y-Wire ISDN Digiial 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 Ismore fully described in American National Standards Inslltute . (ANSI) Tl.601-1998 and Verizon TR 72575, as revised from time-to- time. In some cases loop extension equlprnent may be necessary to bring the line loss within acceptable levels, Verizon will provide loop . extension equipment only uponmquest. A separate charge will apply for loop extension equipment. The 2-Wire ISDN Dlgitai Grade Loop Is available only in the former Bell Atlantic Service Areas, In the former GTE Service Areas only, Ymax may order a 2-Wire Dlgital Compatlble Loop using 2-wire ISDN ordering codes to provfde stmitar capability. Verizon wlli not build newfacilities. 3.5.4 “2-Wire ADSL-Compatible Loop” or “AADSL 2W provides a channel wjth 2-wire interfaces at each end that is suitable far the transport of digital signals up to 8 Mbps toward the Customer and u’p to IMbps from the Customer, Thts Loop type is more fully,described in Verizon TR-72575, as revised from tlme-to-time, ADSL-Compatible Loops will be available only wliere existing copper facilities are available and meet appitcabte spaciffcatlons. Verizon will not build new facllities, The upstream and downstream ADSL power spectral density masks and dc line power limits in Verkon TR 72575, as revised from time-to- time, must be met, The 2-Wire ADSL-Compatible Loop Is available only In the former Bell Atlantic Servlce Areas. In the former GTE Service Areas only, Ymax may order a 5-Wire Digital Compatible Loop using 2-wire ADSL ordering codes to provide similar capablty.
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EXHIBIT - B WKC 000093 3.1.5 "2-Wire HDSL-Compatible Loop" or "HDSL 2WHconsists of a single 2-
wlre non-loaded, Misted copper pair that meets the carrier serving + area design criteria, This Loop type Is more fully described In Verizon TR-72575, as revised from tlme-to-time. The HDSL power spectral .density mask and do line power limik referenced in Vertzon TR 72575, as revised from time-to-the, must be met. 2-Wire HDSL-Compatible Loops will be provided only where exlsting facilities are aveilable.and can.meet applicable specificatlons. The 2-Wire HDSL-Compatible Loop is available only in the former 3ell Atlantic Service areas. In the former GTE Service Areas only, Ymax may order a !&Wire Digital Compatible Loop uslng 2-Wlre HDSL orderlng codes to prdvlde similar capabllity. Verizon wlll not build new facilities. 3.1 $3 Y-Wire HDSL-Compatible Loop" or "HDSL4W conststs of two 2-wlre non-loaded, twisted copper pairs that meet the carrier servlng 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 Verlzon TR 72575, as revised from lime-to-tlme, must be met. 4-Wire HDSL-Compatible . Loops wlii be provided only where exjsiing facilities are available and can meet applicable specifications. Verizon wlli not bulldmw facllltlas. 3,1.7 '!?-Wire IDSL-Compatible Metallfc Loop" conslsts of a single 2-wire non-loaded, twisted copper palr that meets revlsed resistance design criteria. This Loop is intended to be used wllh very-low band symmetric DSL systems that meet the Class 1 signal power limtts and other criteria In the TIEI-4loop spectrum management standard (T~€1.4/2000-002R3)and are not compatible with 2B1Q 160 kbps ISDN transport systems. The actual data rate achieved depends upon the performance of CLEC-provided moderns wlth the electrbal characteristics associated wlth the loop. This Loop type Is more fully described In TIEl .4/2000-002R3, as revised from time-to-time. This loop cannot be provided via UDLC. The 2-Wire 1DSL-Compatible Metallic Loop is available only In the former Bell Atlantic Service Areas. tn the former GTE Seivice Areas only, Ymax may order a 2-Wire Digital Compatible Loop using ISDN ordering codes to provide slmllar capability. IDLC-compatible local loops Will be provided only where facllitias are available and can meet applicable specifications. Verizon .wlli not build new facilities, 3.1.8 '2-Wire SDSLCompafible Loop", Is intended io be used with low band symmelric OSL systems that meet the Class 2 signal power timlts and other criteria in the TIE1.4 loop speclru'm management standard (T?EI,412000-002R3), This Loop consists of a single 2-wire non- loaded, twisted copper pair thal meets Class 2 length limit in T1Et.412000~002R3.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 TIE1.412OOO-OO2R3, as revised from time-to-time. The 2- Wire SDSL-Compatible Loop is available only in the former Bell Atlanttc Sefftce Areas. In the former GTE Servtce Areas only, Ymax may'order a ZWire Digltal Compatible Loop to provide slmllar capability. SDSL-compatible local loops wlll be provided only where factitfes are available and can meet applicable specifications. Verizon will not build new facilities.
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EXHIBIT - B WKC 000094 3.1.9 "4-Wlre 56 kbps Loop' Is a 4-wire Loop that provides a transmission path that Is sultable for the transport of digital data at a synchronous rate of 56 kbps in opposite directions on such Loop simultaneously. A 4-Wire 56 kbps Loop consists of two pairs of non-loaded copper wires
with no Intermediate electronics or it consists of unkersal dlgltal loop ' carrier with 56 kbps DDS dataport transport capability. Verizon shall provfde 4-Wire 56 kbps Loops to Y.rnax in accordance with, and subject toithe technical specifications set forth in Verizon TR-72575, as revised from time-to-time. Verizon will not build new facilities. 3.1.10 "DS4 Loops" provide a digital transmission channel suitable for the transport of 1.544 Mbps digital signals. Thls Loop type is more fully described in Verizon TR 72575, as revised from time to the. The DS-I Loop Includes the electronics necessary to provide the DS-I transmission rate. A DS-1 loop wlll be provfded only where the electronics necessary to provide the DS-1 transmissfon rate are at the requested Installalion date currently available for the rsquesled DS-I Loop. Verizon wlll not Install new electronics. If the electronics necessary t.0 provide Cleat Channel (B8ZS) signaling ara at the requested installatlon date currently available for a requested DS-I Loop, upon request by Ymax, the DS-1 Loop will be furnished with Clear Channel (682s)signaling. Vertzon will not install new electronics to furnish Clear Channel (382s)signaling. 3.1 .I 1 'DS-3 Loops" wlll support the transmission of isochronous blpoiar serial data ai a rate of 44.736 Mbps (the equivalent of 28 DS-1 channels), Thls Loop type is more fully described In Verizon TR 72575, as revised from time to time. The DS-3 Loop Includes the electronics necessary tu provide the DS-3 transmission rate. A DS-3 Loop will be provided only where the electronics necessary to provide
the OS-3 transmission rate are at the requested instatlation.date . ' currently available for the requested DS-3 Loop. Verizon will not-lnstalt. new electronics and Verizon will not bulld new facilities. 3.1,12 In the former Bell Atlantic Service Areas only, "Digital Designed Loops" are comprised of designed loops that meet specific Ymax requirements for metallic loops over 18k R, or for condltloning of ADSL, HDSL, . SDSL, IDSL, or BRi ISDN Loops. ,'Digital Designed Loops" may Include requests.for: 3.9.12.1 a 2W Digltal Destgned Metallic Loop with a total loop length of d8k to 30k ff., unloaded, with the optlon to remove bridged tap; 3.1.12.2 a 2W ADSL Loop of 'i2k to 18k ft. with an opOon to remove bridged tap (such'a Loop with the bridged tap so removed shall be deemed to be a "2W ADSL Compatlble Loop"); 3.1.12.3 a 2W ADSL loop of less than 12k R, with an option to remove bridged tap (such a Loop with the bridged tap so removed shall be deemed to be a "22w ADSL Cornpafibfe Loop"); 3.1.12.4 a 2W HDSL Loop of less than ,12kft. with an optlon to remove bridged tap:
Ymax WV COmp V2.8c.doc a3
EXHIBIT - B WKC 000095 . 3.1.12.5 a 4W HDSL Loop of less than 12k ftwith an optton to remove bridged tap; 3.4.12.6 a 2 W Dlgital Designed Metallic Loop with Verizan-placed ISDN loop extension electronios; 3.1.12~ a 2W SDSL loop with an option to remove bridged tap; and 3.1.12.8 a 2W IDSL Loop of less than 18k 8. with an option to remove'brfdged3ap; 3,1,?3 Verizon shall make Dfgltal Designed Loops aVailabl8 Ymax at the rates as set forth in the Pricing Attachment, 3.1.14 tn the former GTE Service Areas only, "Conditioned Loops" are. comprised of designed loops that meet specific Ymax requirements fat . metallic loops over 12k ft. or for conditioning of 2-wire or 4-wire digital or BR! lSDN Loops, "Conditioned Loops" may include requests for: 3.1.14.1 a 2W Digital Loop with a total ioop length of.12k to 30k ft,, unloaded, with the option to remove bridged tap (such a Loop, un1oaded;with bridged tap so removed shall be- deemed io be a "2W Dlgltal Compatible Loop'!); 3.1.14.2 a 2W Digital Loop of 12k to 18k ft. with an option to remove load colls endlor bridged tap (such a Loop'with load-coils andlor bridged tap so removed shall be deemed to be a "2W Digital Compatible Loop"); 3.1.14.3 a 2W Dlgltal or 4W Digital Loop of less than 12kft. with an option to remove bridged tap (such a 2W Loop with bridged tap so removed shall be deemed to be a "2W Digital Compatible Loop");
3.1.14.4 a 2W Digital Loop with Verizon-placed ISDN ioop extenslon electronlcs (such a Loop wlth lSDN loop extension electronics so placed shall be deemed to be a "2W Digltal Compatible Loop"). 3.1.15 Verlzon shall make Conditioned Loops available to Ymax at the rates as set forth In the Pricing Attachment, 3.2 The following ordering procedures shall apply to xDSL Compatible Loops, Dtgltal Deslgned and Conditioned Loops: 3.2.1 Yrnax shall place orders for xDSL COmpEitlbtB Loops, Digital Designed and Conditioned Loops by delivering to Vetizon a valid electronic transmittal Service Order or other mutually agreed upon lype of Service Order. Such Service Order shaii be provided In accordance with industry format and specifications or such format and specifications as may be agreed to by the Parties. 3.2.2 In former Bell Atlantic Service Areas, Verizon Is conducting a mechaolted survey of existing Loop facilities, bn a Central Office by Central Office basis, to identify those Loops that meet the applicable technlcal characterlsflos established by Verizon for compatibility wlth xDSL Compatible or BR1 ISDN signafs. The results of this survey will be stored in a mechanized dalabase and made avallabie to Ymax as
Ymax WV Comp v2.Bcdoc 84
EXHIBIT - B WKC 000096 the process Is completed In each Central Office. Ymax must utltfte thls mechanized loop qualification database, where available, in advance of submittlng a valid electronic transmittal Service Order for an xDSL Compatible or-BRI ISDN Loop. Charges for mechanized loop qualiflcation information are set forth In the Priclng Attachment. In former GTE Service Areas, Verizon provides access io mechanlzed xDSL loop qualification fnforrnatlon to help Identify those loops that meet applicable technical characteristlcs for compatibillty with xDSL Services that the CLEC may wish to offer to its end user Customers: Ymax must access Verizon’s mechanlzed loop qualification system ...... --, ~. 1. .. * through the use of the on-line%omputerinterface at www.verizon.comhvlse in advance of submitting a valid electronlc *’. transrnlttal Service Order for xDSL semlce arrangements. The loop qualification Informatlon provided by Verlzon gives Ymax the’ability to deiermine loop composillon, loop lengfh and r;lay provide other loop characteristlcs, when present, that may indicate incompatibility with xDSL Services such as load coils or Dlgital Loop Carrier. lnformatlon provided by the mechanized loop qualification system also indicates whether loop conditloning may be necessary. It is the responsibllity of Ymax to eialuate the loop qualification informallon provided by Verizon and deterrnlne whether a loop meets Ymax requirements for xDSL Service, including deterrnlnlng whether conditioning shouid be ordered, prior to submitling an Order, 3.2.3 If the Loop is not listed in the mechanlzed database described in Section 3,2,2of this Attachment, Ymax must rqquest.a manual loop quatificatlon, where such qualiftcation is available, prior to submltting 8 valld electronic Servlce Order for an xDSL Compatible or BRI ISDN Loop. In genera1,Verizon wilt complete a manual loop quallflcation request within three (3) Bustness Days, although Verizon may require additional time due to poor record condlfions, spikes in demand, or other unforeseen events, The manual loop qualification process is currently avallabte In the former Bell Atlantic Service Areas only, 3.2.4 If a query to the mechanized loop qualification database or manual loop quallflcation indicales that a Loop does not quallfy (e.g., because it does not meet the applicable technlcal parameters set forth In the Loop descriptions above), Ymax may request an Engineering Query, where available, as described In Section 3.2.7 of this Attachqent, to determine whether the result is due to characteristics of the loop itself (e.g., specific number and locallon of bridged taps, the specific number ... of load coils, or the gauge of the cable).
3,2.5 Once 8 Loop has been pre-qualified, Ymax will submit a Service Order pursuant to Section 3.2.1 of thls’Attachment if it wishes io obtain the Loop. 3.2.5.1 If (he Loop is determined to be xDSL Compatlble and if the Loop serving the serving address Is usable and available to be assigned as a xDSL Compatlble Loop, Verizon will Initiate standard Loop provisionlng and installation processes, and standard Loop provisioning intervals wjlJ apply. 3.2.5.2 If the Loop is determined to be xDSL Compatible, but the Loop serving the service address is unusable or unavailable to be assigned as an xDSt Compatlble Loop, Verizon will
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EXHIBIT - B WKC 000097 search the Customer‘s serving termlnal for a suitable spare faciiity. If an xDSL Compatible Loop is found,within the serving terminal, Verizon will perform a Llne and Station Transfer (or “pair swap”) whereby the Verizon technician will transfer the Customer‘s existing service from one existing Loop facility onto an alternate existing xDSL Compatible Loop facitity serving the same location. Verizon performs Line atid Station Transfers in accordance with ihe procedures developed In the DSL Collaborative In the State of New York, NY PSC Case 00-(3-0127. Standard intervals do riot apply when Verizon performs a Line and Station Transfer, and additlonal charges shall apply as set forth In the Pricing Attachment, 3.2.6 If Ymax submits a Service Order for an xDSL Compatible or BRi lSDN , Loop that has not been prequalifled, Verizon wlil query the Service Order back to Ymax for quafiflcafion and will not accept such Service Order until the Loop has been prequalifiedon a mechanized or manual basis. If Ym6x submits a Service Order for an xDSL Compatible or BRI ISDN Loop Uiat is, in fact, not compatlble wlth the requested serGice (e,g. ADSL, HDSL etc.) in Its existing condition, Verlzon will respond back to Ymax with a “Nonqualified” indicator and wlth information showing whether the non-qualiffed result is due to the presence of load coils, presence of digital loop carrier, or loop length (including bridged tap). 3.2.7 Where Ymax has followed the prequallflcatfon procedure described above and has determlned fhat a Loop is not compatible with xDSL technologiss or BRI ISDN service in Its existing condition, it may either request an Engineering Query, where available, to determine whether condltlonlng may make the Loop compatible with the applicable service; or if Ymax is already aware of the conditloning required.(e,g., where Yrnax has prevlously requested a quallficaflon and has obtained loop characferistics), Yrnax may submit a Service Order for a Digital Designed Loop. Verjton wlll undertake to condition or extend the Loop in accordance with this Section 3.2 of this Attachment upon receipt of Ymax’s valid, accurate and pre-quallfied Service Order for a Dlgital ’ Designed Loop. 32.8 The Parties will make reasonable efforfs to coordinate their respective . rotes In order to mlnirnize provisioning problems. In general, where conditloning or loop extensions are requested by Yrnax, an interval of eighteen (18) Business Days will be required by Verizon to complete the loop analysis and the necessary construction work involved In condiffonlng and/or extending the loop as follows: 3.2.8.1 . Three (3) Business Days will be required following receipt of Ymax’s vdd, accurate and pre-quaMed Service Order for a Digital Designed or Conditioned Loop to analyze the loop and related plant records and to create an Engineering , , Work Order. 3.2.8.2 Upon completion of an Engineering Work Order, Verizon will initiate the constructionorder to perform the changeslmodiflcationsto the Coop requested by Ymax. Conditioning activities are, In most cases, able to be
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EXHIBIT - B WKC 000088 accomplished wnhln fifteen (-I51Buslness Days. Unforeseen conditlons may add to this interval. After the engineering and conditioning tasks have been completed, the standard Loop provisioning and installation process will be initiated, subject to Verizon's standard provisioning Intervals. 3.2.9 If Ymax requlres a change in scheduling, If must contad Verizon to issue a supplement to the origfnal Servlce Order, If Ymax cancels the request for condlttonlng after a loop analysis has been completed but prior to the commencement of constructlon work, Yrnad shall compensate Verizon for an Englneering Work Order charge as set
forth In the Pricing Attachment. If Ymax cancels the request for I condlHoning afler the loop analysls has been completed and after construction work has started or is complete, Ymax shall compensate Verizon for an Engineering Work Order charge as weir as the'charges associated with the cohditioning tasks performed as set forth In the Pricing Attachment. 3.3 Converslon of Live Telephone Exchange ServIce to Analog 2W Loops. 3.3.1 The following coordinaiion procedures shall apply to "live" cutovers of . Verizon Customers who are converting their Telephone Exchange Services to Ymax Telephone Exchange Services provisioned over Analog 2W unbundled Local Loops YAnalog 2W Loops) to be provided by Vefizon to Ymax: 3.3.1 .I Coordinated cutover charges shall apply to conversions of live Telephone Exchange Services to Analog 2W Loops. When an outside dispatch Is requited to perform a conversion, additional charges may apply, If Ymax does not request a coordinated cutover, Verizon will process Ymax's order as a new Installation subject to applicable standard provisioning Intervals, 3.3.1.2 Ymax shall request Analog 2W Loops for coordinated cutover from Verizon by delivering to Verizon a valid electronic Local Sewice Request (*LSR'). Verhon agrees to accept from Ymax the date and the for the conversion dastgnatad on the LSR ("Scheduled Conversion Tlme"), . provided that such designation is within the regularly scheduled operating hours of the Verizon Regional CLEC Control Center ("RCCC.) and subject to the avaitabilily of Verlzon's work force. In the event that Verizon's work force is not available, Ymax and Verizon shall mutually agree on a New Conversion The, as defined below. Ymax shall deslgnate the Scheduled Conversion Time subject to ' Verizon standard provlsionlng intervats as stated In the ... Verfzon CLEC Handbook, as may be revised from tlme to time. Wilhln three (3) Busirlsss Days of Verizon's receipt of such valid LSR, or as otherwise required by Applicable Law, Verizon shall provide Ymax the scheduled due date for conversion of the Analog 2W Loops covered by such LSR. 3.3.1.3 Ymax shall provide dial tone at the Ymax collocation site at least forty-eight (48) hours prior to the Scheduled Conversion Time.
. 07
EXHIBIT - B WKC 000099 .. ,I .3.3.1.4 Either Party may contact the other Party to negotlate a new Scheduled Conversion Time (the "New Conversion Time"): provided; however, that each Party shall use commercially reasonable efforts io 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 Gonverslon Themay not be rescheduled more than one (I)time In a Buslness Day, and any two New Conversion Times for apartlcular Analog 2W Loop shall differ by at least eight (8) hours, unless otherwke agreed to by the ' Pan'ies,
*' 3.3.1.5 If the New Conversion The is more than one (1) business hour from the orlginal Scheduled Converslon Theor from the previous New Converslon Time, the Party requesting such New Converslon Time shall be subject to the following: 3.3.1.5,l if Verlzon requests to reschedule outside of the . . one (I)hour tlme frame abOV8, the Analog 2W Loops Service Order Charge for the origlnai Scheduled.Conversion Time or the prevlous . New Converslon Time shall be credtted upon request from Ymax; and 3.3.1 S.2 If Ymax requests to reschedule outslde the one ('I)hour time frame above, Ymax shall be charged an additional Analog 2W Loops Service Order Charge for.rescheduiing the conversion to the New Conversion Tlme. 3.3.1 .S If Ymax 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 Verlzon is not available or ready to perform the conversion within' thirty (30) minutes of the Scheduled Conversion Time or New Conversion Time, as applicable, Verlzon and Ymax will reschedule and, upon request from Ymax, Verlzon will credit the Analog 2W Loop Service . Order Charge for the original Scheduled Converslon Tlme. 3.3.1,7 The standard lime Interval expected from disconnectlon of a . llve Telephone Exchange Service to the connection of the Analog 2W Loops to Ymax is fifteen (15) minutes per Analog 2W Loop for all orders consistlng of twenty (20) Analog 2W Loops or less. Orders Involving more lhan twenty (20) Loops will require a negotiated Interval. 3.3.1.8 Converdons involving LNP will be completed according to North American Nurnberlng Council (NANC) standards, via the regionaf Number PortabHlty Administration Center (NPAC). 3.3.1.9 If Ymax requires Analog 2W Loop conversions outside of' the regularly scheduled Verizon RCCC operating hours, such conversions shail be separately negotlated. Additional charges (e.g. overtime labor charges) may apply for desired
' Ymax W'Cornp v2.8c.doc
EXHIBIT - B WUC 000100 . .,.. .-..
dates and times outside of regularly scheduled RCCC operating hours. 3.4 Cooperative Testing. In the former Bell Atlantic Service Area6 only, Ymax may request Cooperative Testing in conjunction with its request for an xDSL Compatible Loop or Digital Designed Loop. "Cooperative Testing" is a procedure whereby a Verizon technician and a Ymax technician jointly verify that an xDSL Compatible Loop or Dlgital Deslgned Loop is properly installed and operational prior to Verizon's completion of the order,- Ymax may request, at its option, Cooperative Testing by enterlng a toll-free (e.g. 800/888/877) number in the Remarks field of the LSR of an xDSL. Compalible or Digital Designed Loop Service Order, and the Verizon technician will call the toll-free number to perform the Cooperative Test, When balh'the Verizon and Ymax technlcians agree that fhe Coop test shows that the Loop is operatlonal, the Ymax technician will provlde the Verizon techolcian wjfh a serial number to acknowledge that the Loop is operational, Charges for Cooperafive Testing are as set forth in the Prlcfng Attachment. 3.5 Verjzon shall provide Yrnax access to Its Loops at each of Verlton's Wire Centers for Loops terminating in that Wire Center. In addltion, if Yrnax orders one or more Loops provisioned via Integrated Digital Loop Carrier or Remote SwifchIng technology depfoyed as a Loop concentrator, Verizon shall, where available, move the requested Loop@)to a spare physical Loop, If one is existing
and available, at no additional charge to Ymax, If, however, no spare physical ' Loop is available, Verizon shall within three (3) Business Days of Ymax's request notify Ymax of the lack of avallable facilities. Upon request and to the extent required by Applicable taw, Verizon will provide Ymax access to the unbundled Local Loop through the demuttlplexing of the integrated digitized Loop(s), Upon request and to the extent required by Appllcabie Law, Verizon wlli provide Ymax access to the unbundled Local Loop at the Loop concentration site point; Notwithstandinganything to the contrary in this Agreement, standard provisioning intervals shall not apply to Loops provided under fhfs Section 3.6. *. ,. . . .
4, Line Sharing 4.1 "Line Sharing" Is an arrangement by which Verizon facllltates Yrnax's provlsion of ADSL (in accordance with T?,413),Splitterless ADSL (in accordance wlih T1.4191, RADSL (in accordance with TR# 59), Multiple Virtual Line (MVL) (a proprietarytechnology), or any other xDSL technology that is presumed to be acceptable for shared line deployment in accordance with FCC Regulations, fo a particularC.ustomerlocation over an existing copper Loop that is being used simultaneouslyby Veizon to provide analog switched Voice Grade servtce to ' that Customer by making available to Ymax, solely for Ymax's own use, the frequency range above the volce band on the same copper Loop requ!red by Ymax to provide such services. This Section 4 addresses line sharing over loops that are entirely copper loops, 4.2 .Subjecl tothe conditions set forth in Section 1 of this Attachment, Verlzon shalt provide Line Sharing to Ymax for Ymax's provision of ADSL (In accordance with T1.423), Splitterless ADSL (in accordance with TI.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 Regulatlons. Verlzon shall provide Line Sharing to Ymax 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
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EXHIBIT- B WKC 000101 duration of the Line Sharlng 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 fn accordance with FCC Regulations; (ii) Verizon must . be providing simultaneous 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 Verkon End Office Switch in the Wire Center where the Line Sharing arrangement Is belng requested; and (iv) the xDSL technology to be deployed by Ymax on that Loop must not significantly degrade the performance of other services .provided on that Loop. 4.3 Verizon shall make Line Sharing available to Ymax at the rates and charges set forth in the Pricing Attachment. In addifion fo lhe recurring and non-recurring , charges shown In the Prlclng Attachment for Line Sharing ltself,-the following rates shown in the Pricing Attachment and in Verizon's applicable Tariffs are among those fhat may apply to a Line Sharing arrangement: (I> prequallfication charges to determine whether a Loop isxDSL compatible (Le., compatible with an xDSL service that is presumed to be acceptable for shared-line deployment in accordance with FCC Regulations); (ii) engineering query charges, engineering work order charges, or Loop conditioning (Dlgitat Designed or Conditioned Loop) charges; (iil) charges associated wlth collocation activitles requested by Ymax; and (iv) misdirected dispatch charges, charges for Installationor repair, manual Infervenflon surcharges, trouble isolation charges, and pair swaplllne and statlon transfer charges. 4,4 The following ordering procedures shall apply to Line Sharing: 4.4.1 To determlne whether a Loop qualifies for Llne Sharing, the Loop must first be prequalified to determlne if it is xDSL compatible. Ymax must utilize the Loop qualification processes described in the terms . applicable to xDSL Compatible'Loops, Digital Designed Loops and Condlloned Loops to make this determlnallon, 4,4.2 Ymax shall place orders for Llne Sharlng by delivering to Verizon a valid electronic transmittal Servbe 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 speclfioatlons as may be agreed to by the, Parties. 4.4.3 If the Loop is prequalified by Ymax through the Verizon Loop prequallflcationtools, and if a positive response is received and . followed by receipt of Ymax's valid, accurate and pre-quallfled Service Order for Llne Sharing,'Verizon will return an LSR conflrmaiion 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 sfx (6) or more loops, In such case, Verizon shall inltiate provisioning and Installation in accordance with the.terms pertaining to xDSL Compatible Loops, Digital Designed Loops and Conditioned Loops pursuant to Section 3.2.5 of this Attachment. 4,4.4 If the Loop requlres qualiflcation manually or through an Engineering Query, three (3) additional Business Days wlll generally be required to obtain Loop qualification results before an order confirmatton can'be returned following receipt of Ymax's valid, accurate request. Verlzon may require addittonal time to complete tho Engineerfng Query where there are poor record conditions, spikes In demand, or other unforeseen events.
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EXHIBIT - B WKC 000102 4.4.5 If conditioning Is required to make a Loop capable of supporting Line Sharing -and Ymax orders such conditioning, then Verizon shall provide
such conditioning in accordance wlth the terms of this'Agreement .I i. .. .. pertaining to Digital Designed..or Condltioned Loops; provtded, however, that Verizon shall not be obligated to provide Loop conditioning if Verlzon establishes, in the manner required by AppIick~bleLaw, that such conditloning is llkely to degrade significantly the Voice-Grade service being provided to Verizon's Customers over .. suchLoops. .
' 4.4.6 The standard Loop provisioning and installation process will be lnltiated for the Lint3 Sharing arrangement oniy once the requested . engineering and conditlohing tasks have been COmpI8ted.On the Loop. Scheduling change.s and charges associated with order cancellations after conditioning work has been initiated are addressed in the terms pertaining to Digital Designed and Conditioned LOOPS,as referenced In Section 4.4:5 of this Attachment. The standard provisioning interval for the Line Sharing arrangement shall be as set out in the Verizon Product Interval Gulde; provided that the standard provisioning intervat for the Llne Sharing arrangement shall not exceed the shortest of the following Intervals: (a) six (6)Business Days; (b) the standard provlsloning interval for the Line Sharing arrangement that is stated in an applicable Verizon Tariff; or, (c) the standard provisioning interval . for the Line Sharing arrangement that is required by Applicable Law, if any. The standard provisioning intetval for the Line Sharing arrangement shall commence only Once any requested engineering and conditioning tasks have been completed. The standard provlslonlng interval shall not apply where a Llne and Station Transfer is performed pursuant to Section 3.2.52. In no event shall the Line . .. . Sharing interval offered to Ymax be longer than the interval offered to any sfmilarly situated Affiliate of Verizon. . 4.4.7 Ymax must provide all required collocation, CFA, Special Bill Number (SBN) and NClNCi informationwhen a Line Sharing Arrangement is ordered, Collocation augments required, either at the Point o*f ' Terminatlon (POT) Bay, collocation node, or for splltter placement, must be ordered using standard collocation applications and procedures, unless otherwise agreed to by the Parties or spectfled in thls Agreement. 4.4.8 The Parties recognize that Line Sharing is an offerlng that requires both Parties to make reasonable efforts to coordinate their respective roles in order to minimiza provisioning problems and facility issues, Ymax will provide reasonable, timely, and accurate forecasts of Its Llne . Sharing requirements, includlng splitter placement elections and orderlng 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, Ymax shall provide Verizon with . Informationregarding (he type of xDSL technology that It deploys on each shared Loop. Where any proposed change In technology Is planned on a shared Loop, . Ymax must provide ihis jnforrnatlon'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 fhe same or adjacent binder groups, 4.6 As described more fully in Verizon Technical Reference 72575, the.xDSt technology used by Ymax for Line Share Arrangements shall operate withip the
EXHIBIT - B WKC 000103 Power Spectral Density (PSD)limits set forth in T1,413-1998 (ADSL), T1.419- 2000 (Splitterless ADSL), or TR59-1999 (RAOSL), and MVL (a proprietary technology) shall operate within the 0 to4 kHz PSD ilmits of Tl.413-1998 and withtn the transmlt PSD limits of f1.601-1998 for frequencies above 4 kHz, , provided that the MVL PSD associated wlth audible frequencies above 4 kHz shall be sufficiently attenuated to preclude slgnifbantly degrading voice Services. Ymax’s deployment of addllional Advanced Services shall be subject to the applicable FCC Regulatlons. 4.7 Ymax may only access the high frequency portion of a Loop in a Line Sharing arrangement through an established collocation arrangement at the Verizon Serving Wlrs Center that contains fhs End OMCBSwitch through which Volce Grade service is provided to Verlzon’s Customer. Ymax is responsible for providing, through one of !he splitter optlons described below, a splilter at that ’ Wire Center that complies with ANSl specification TI.413, employs Direct Current (DC) blocking oapacltors or equivalent technology to assist in isolating high bandwidth trouble resolutlon and maintenance to the high frequency portion of the frequency spectrum, and.operates so that the analog volce “dial tone” stays acUve when the splitter card Is removed for testlng or maintenance. Ymax Is also responslble for providing its own Dlgltal 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 spfifters, filtars and/or other equipment necessary for the end user to receive separate voice and data servlces across the shared Loop), .. Two splitter configurations are available, In both configurations,the splitter must be provided by Ymax and must satisfy the same NEBS requirements that Vertzon Imposes on Its own splitter equipment or the splitter equlpment of any Veriron Affiliate. Ymax must designate which splitter option it is chooslng on the collocation appllcation or augment, Regardless of be option selected, the splitter arrangements must be installed before Ymax submits an order for Llne Sharing,
Splitter Option A (Splitter Option I):Splitter in Yrnax Coliocstion Area
In this conflguration, the Ymax-provided spliner (ANSI TI,413 or MVL comptiant) is provided, instalied and maintained by Ymax in its own collocation space within the Customer’s serving End Office. The Verlzon-provided dial Lone is rouled through the splitter in the Ymax collocation area, Any rearrangements will be the responsibility of Ymax,
Splitter Option C (Splitter Optlon 2): Splltter in Verizon Area In this configuration, Verizon inventodes and maintains a Ymax-provided splitter . (ANSI 11.413 or MVL Compliant) in Verizon space wtthln the Customer’s serving End Office. The splitters will be installed shelf-at-alime. In those serving End Offices whereVerizon employs Ihe use of a POT Bay for interconnection of Yrnax’s collocation arrangement with Verlzon’s network, the splitter will be installed (mounted) In a relay raok between the POT Bay and ihe
‘ MDF, The demarcation point is at the splitler end of the cable connecting the POT Bay and the splitter. Instailation of the splitter wlll be performed by Verkon or, at Ymax’s election, by a Verlzon-approved vendor designated by Ymax,
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EXHIBIT - B WKC 000104 In those serving End Offices where Verizon does not employ a POT Bay for . interconnectlontofYmax’s collocation arrangement with Verizon’s network, the Ymax provided splitter wilt be installed (mounted) in a rslay rack between the Ymax collocation arrangement and the MDF, The dernarcatlon point is at the splkter end of the cabli connecting the Ymax colfocation arrangement and the splitter, Installationof the spliner Mi! be performed by Verlton, or, at Ymax’s election, by a Verizon-approved vendor designated by Ymax.
, In ejther scenario, Verlzon wllf controt the splitter and will direct any requlred activity, Where a POT Bay is employed, Verizon will also perform all POT Bay work requlred in this configuratlon. Verizon wilt provide a splitter Inventory to I Ymax upon completlon of the required work.
4.7.1 Where a new ’splitter is to be installed as part of an lnltial collocaiion ‘ implementation, the splitter lnstalfationmay be ordered as part of Ihe lnitiai collocation application. Associated collocation charges (applicatlon and englneerhg fees} apply. Yrnax must submlt a new collocation application, with the application fee, to Verlton detailtng Its request, Excepi as otherwise requlred by Appfcable Law, standard . collocation intervals wili apply. 4.7.2 Where a new splitter is to be installed as part of an existing collocation arrangement, or where the exlsllng collocation arrarigement is to be augmented (e.& wllh addllional terminations at the POT Bay or Ymax’s coliocation arrangement to support llne Sharing), the splitter installation or augment may be ordered via an application for collocatlon augment. Assoclated collocatlon charges (application and engineering fees) apply. Ymax must submit the applicatlon for collocation augment, .with the appllcalion fee, to Verizon. Unless a longer Interval is stated in Verizon’s appllcabfe Tarlff, an interval of seventy-six (76) Business Days shall apply. 4.8 Ymax wlll have the following options for testing shared Loops: 4.8.1 In serving End Offices where Veriton employs a POT Bay for lnterconnectlon of Yrnax collocatlori arrangementwllh Verizon’s network, fhe following options shall he available to Ymax. 4,8.1.1 Under Splltter Option A, Yb-tsx niay conduct Its own physical tests of the shared Loop from Ymax’s collocation area, it chooses to do so, Yrnax may suppiy and install a ‘ If test head to facilitate such physical tests, provided that: (a) the test head satisfles tho 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 , Ymax-provided test equlpment may not interrupt an in-In- progress voice connecfion and must automafically restore any clrcults tested In intervals comparabfe to MLT. This optional Ymax-provided test head wlll be installed in Ymax’s collocation area between the ‘:line” port of the splitter and the POT Bay In order to conduct remote physical tests of the shared Loop.
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MHlBlT - B WKC 000105 4,8.1.2 Under Splitter Option C, upon request by Ymax, either Verizon or, at Ymax's election, a Verizon-approved vendor selected by Ymax wlll Install a Ymax-provided test head to enable Ymax to conduct remote physlcai tests of the shared Loop. This optional Ymax-provided test head will be installed at a point between the "line" port of the splitter and the Verlton-provided test head that Is used by Verizon to conduct its own Loop testlng. The Ymax-provided test head must satisfy the same NEBS requirements that Verizon' . . imposes on its own test head equlpment or the test head equipment of any Verizon Affiliate, and may not interrupt fhe volce circuit to any greater degree than a conventional MLT test, Specifically, the' Ymax-provided test equipment may not interrupt an In-progress voice connection and must automatically restore any circuits tested in intervals cumparable to MLT, Verizon will Inventory, control and maintaln the Ymax-provided test' head, and wilt direct all required acllvlty. 4,8,1.3 Under efther Splitter Option, If Verizon has Installed its own test head, Veriton will conduct tests of the shared Loop using a Verizon-provided test head, end, upon request, will provide these test results to Ymax during qorrnal trouble isolation procedures in accordance with reasonable procedures. 4.8.1.4 Under eilher Splitter Oplton, upon request by Ymax, Verizon will make MLT access available to Ymax vla RETAS after the Service Order has been completed. Ymax will utilize the circuit number to initiate a test, 4.8.1.5 Where Verizon has deployed Wldeband Test equipment . (Le., Verlzon-East), under either Splitter Option, upon . . request by Ymax, Verlzon shati perform a Wldeband Test to diagnose troubles and provide Ymax with the test results during the trouble shooting process, Charges for Wideband Testing are as set forth in the Prtofng Attachment. 4.8,2 In those serving End Offices where Verizon has not employed a PUT Bay for interconnection of Ymax's collocation arrangement with Veriton's network, Ymax wlli not be permitted to supply its own test . head, instead, Verizon will make a testlng system available to Ymax through use of the on-line computer interface test system at w.verlzon,co~, 4.8.3 The Parties will continue to work cooperatively on testing procedures, Po this end, in situations where Ymax has attempted to use one or more of the foregoing testlng options but is still unable io resolve the error or trouble on the shared Loop, Verlzon and Ymax wlll ea'ch dispatch a technician to an agreed-upon point to conduct a Joint meet test to identify and resolve fhe error or trouble. Verizon may assess a charge for a misdirected dispatch only if the error or trouble is detetmlned to be one that Ymax should reasonably have been able to isolate and diagnose through one of the testing options available io Ymax above. Tho Parties wit1 mutually agree upon the specific procedures for conducting joint meet tests.
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EXHIBIT- B hKC 000106 060361alj050406 ,wpd PUBLIC SERVICE COMMISSION OF WEST VIRGINIA CHARLESTON
Entered: May 4, 2006 c SE NO, OS-0361-T-CN YMAX COMMUNICATIONS CORP Application for a certificate of convenience and necessity to provide resold interexchange telecommunications . services and resold and facilities-based focal exchange telecommunications services to customers throughout West Virginia
RECOMMENDED DECISION On March 22, 2006, YMax Communications Corp. (YMax) filed an application for a certificate of convenience and necessity to provide resold interexchange and re$old and facilities-based local exchange services throughout the State of West Virginia. YMax staked that it intends to provide local exchange services through the purchase of unbundled network elements (UNEs) available from Verizon West Virginia (Verizon WV) and may eventually provide local services via its own switching facilities. Accompanying YMax's certificate.application was a proposed tariff which contained the rates and charges for the interexchange services it intends to offer in West Virginia. ~Maxrequested a temporary waiver of the requirement to file a Local service tariff with its certificate application, YMax stated that: it understood that it could not begin to offer local service until it had filed a proposed tariff showing the rates and terms and conditions of service that it proposed to provide and that it must file its proposed local service tariff at least thirty (30) days- prior to the date it intends to begin providing services, Additionally, YMax requested a waiver of Rule 1.8 of the Commissionrs Rules and Reaulations for the Government of TeleDhone Utilities (TeLeDhone Rules), requiring it to maintain its financial records in accordance with the "Wnif oxm System of Accounts I and Teleuhone Rule 5.1., which, according to YMax, would require it "to keep within the State records that are required by Commission rules." By order dated March 22, 2006, YMax was required to give statewide notice of the filing of its application by publishing a copy of the notice of filing one time in newspapers published and of general circulation in nineteen (19) cities throughout West Virginia, making. due return to the Commission of proper cerkification of publication. The notice directedthat anyone desiring to make objection to the application
hbk StNice cmki dWesitVirginia CharlBdcm
EXHIBIT C WKC 000001 must do so, in writing, within thirty (30) days after publication of said notice, The notice further provided that, if no protests were received within the thirty-day period, the Commission could waive formal hearing and grant the application based upon the evidence submitted in the application and the Comm~ssionfsreview thereof, . On April 11, 2006, Poe Burdette, Utility Analyst, Utilities Division, filed a Utilities Division Final Recommendition. Commission Staff recommended that the certificate application filed herein be approved as filed. By Order dated April 27, 2006, the Commission referred this matter to the Division of Administrative Law Judges for Eurther disposition, with a decision due date of on or before October 18, 2006. On May 2 and 3, 2006, YMax filed affidavits of publication indicating that the Notice of Filing had been published in the designated nineteen (19) cities. No protests were received to the application within the thirty-day response period which expired on May 3, 2006, or as of the date of this Order.
DISCUSS108 The appropriate standard for analyzing an application for a certificate to provide competing local exchange service under the Telecommunications Act of 1996 (Act), 47 U.S.C. $3151, et: s~Q,,is whether the Applicant has demonstrated that it: has the technical, financial and managerial ability to provide local. service. In this proceeding, the undersigned Administrative Law Judge concludes that YMax has satisfied this standard and, concomitantly, has satisfied the requirements for the issuance of a certificate to provide interexchange services, YMax's request for a waiver of Telephone Rule 1.8. must be denied, In its August 11, 2000 Order adopting the current Telephone Rules, the Commission rejected AThT's request that competitive local exchange carriers not be requirkd to comply with the "Uniform System of Accounts" (USOA), The Commission concluded that requiring carriers to conform Co a uniform system of accounting was needed in order to allow the Commission to make. sure that carriers report costs and expenses consistently, Moreover, the Commission concluded Chat the USOA should not constitute a barrier to entry into West Virginia's local market since they are federally established accounting practices that have been in place €or some time. See, General Order No. 187.16 (August 11, 2000), at 10, While the Commission has waived TeleDhone Rule 1.8 in two (2) cases, those waivers were limited to situations in which the requesting carrier did not provide basic local exchange service a,but, rather, provided data service only, See, Metromedia Fiber Network Services, Case No. 00- 0774-T-CN (November 2000 Commission .Order), Since YMax will be providing basic local exchange service, the Commission's prior limited waivers of TeleDhone Rule 1.8 do not apply .and the carrier should be required to comply with the USOA. (Accord, $mess Point, Inc.., Case No, 03-0124-T-CN (Final August; 11, 2003); Bullseve Telecom, rnc., Case No, 03-0068-T-CN (Final July 30, 2003); Ernest Communications, Inc,, Case No. 04-1768-T-CN (Final April 27, 2005),.
Public Selvkc Cunrnirrlon 2 d West Wrginia Chadestcn
EXHIBIT C WKC 000002 Wax's request for a temporary waiver of the requirement to file a local service tariff with its certificate application will be granted, Telephone Rule 14,d. provides, in part, that a> "certificated local exchange carrier shall not offer local exchange telecommunications service to the public unless and until It has filed for, and received, Commission approval of a tariff. . . .I1 and that its proposed local exchange tariff "shall be filed with the Commission at least thirty (30) days prior to the date the carrier intends to commence providing local exchange telecommunications services." YMax has expressed, in its application, its understanding of this rule and the fact Chat it cannot begin to offer local. telecommunications services in West Virginia until Its local exchange service tariff is filed with and approved by the Cdmmission, ~ YMax's request for a waiver of Teleghone Rule 5,l. need not be addressed, TeleDhone Rule 5.1, now provides that 'I [a 1If records required by these rules shall be made available to the Commission or its authorized representative at any the upon request," This rule does not require actual physical maintenance of its Eecords within the State of West Virginia, as asserted by YMax, but only that YMax shall make ita records available to Commission Staff at any time upon request, TeleDhone -Rule 5.1. now provides exactly what YMax has requested, i,e,, the right to maintain its records at its headquarters, with the understanding that they will be made available to the Commission and its StafE upon request,
FINDINGS OF FACT , 1. On March 22, 2006, YMax Communications Corp, filed an application for a cextificate of convenience and necessity ko provide resold interexchange and facilities-based and resold local exchange telecommunications services throughout the State of West Virginia, Accompanying YMax's certificate application was a proposed tariff which containedthe rates and charges for the interexchange services ft intends to offer in West Virginia. YMax requested that: (1) it be granted a temporary waiver of the requirement to file a local service tariff with its certificate application; (2) it be granted a waiver of Telephone Rule 1.8. requiring it to maintain its financial records in accordance with the "Uniform System of Accounts1'; and (3) it be granted a waiver of TeleDhone Rule 5.1., which, according to YMax, would require it "to keep within the State records that are required by the Commission rules." (See, Application filed March 2, 2006). 2. YMax gave notice of the filing of its application to operate as a facilities-based and resale local. exchange and resale interexchange telecommunications service provider in accordance with the Commission's requirements, making statewide publication in nineteen ( 19) designated cities in West Virginia. (See, Affidavits of Publication filed May 2 and 3, 2006). 3. No protests were received to the application within the thirty- day response period, which expired on May 3, 2006, or as of the date oE this Order, (See, case file generally).
4. Cbmlission Staff ' recommended that YMax's certificate application for a certificate of convenience and necessity to provide
PubticServica Cm 3 d Wcst Virginia Charlertm
EXHIBIT C WKC 000003 resold interexchange and facilities-based and resold local exchange telecomunications services in West Virginia be granted, (See, Utilities Division Final. Recommendation filed April 11, 2006).
CONCLUSIONS OF LAW 1, YMax Communications Corp. has demonstrated that it has the technical, financial and managerial ability to provide facilities-based and resold local exchange telecommunications services in West Virginia and, concomitantly, has satiseied the requirements for the issuance of a certificate to provide interexchange services, and it is reasonable and appropriate to grant a certificate of convenience and necessity to YMax to provide such services, subject to the hereinafter enumerated terms and conditions. 2, YMax's request €or a waiver of TeleDhone Rule 1,8., requiring it to maintain its financial records in accordance with the Uniform System o€ Accounts, should be denied for the reasons more particularly set forth previously in this Order, 3. YMax's request €or a temporary waiver of the requirement to file a local exchange tariff with its certificate application should be granted for the reasons more particularly set forth in this Order, 4, YMaxIs request for a waiver of Telenhone Rule 5,1., which, according to YMax, requires it to "keep within the State records that are required by the Commission rules" need not be ruled upon, since Telephone &Q& 5.2,, in fact, does not require YMax to maintain or keep its records with the State. Teleohone Rule 5.1, only requires that YMax make its recosds available "to the Commission or its representative at any time upon request. ''
ORDER IT IS, THEREFORE, ORDERED that the application filed herein on March 22, 2006, by YMax Communications, Inc,, for a certificate of convenience and necessity to provide resold interexchange and facilities-based and resold Local. exchange telecomunications services throughout the State of West Virginia, be, and hereby is, granted, XT IS FURTHER ORDERED that the authority hereby granted and approved does not constitute approval to construct specific facilities for the provision of telecommunications service and that, in the event YMax develops a plan for constructing facilities €or the provision of telecommunications services in West Virginia in the future, it must provide the Commission with complete details thereof and obtain Commission consent and approval thereof prior to construction, IT IS FURTHER ORDERED that the above restriction on construction of facilities does not apply to leasing unbundled network elements or the installation o€ equipment with transmission capabilities or switching or routing functionality solely within a central office or point of presence awned by the telecommunications provider or another party.
4
EXHIBIT C WKC OOOOW -~
IT IS FURTHER ORDERED that YMaxIs request for'a waiver of T-e Rule 1.8, be, and hereby is, denied. IT IS FURTHER ORDERED that YMax's request for a temporary waiver of the requirement to file a local service eariff with its certificate application be, and hereby is, granted. IT XS FURTHER ORDERED that the requested rates and charges for the provision of interexchange telecommunications services be, and hereby are, approved for the provision of such services. IT XS FIIRTffER ORDERED that YMax file with the Commission's Tarif€ Office an original and at least five (5) copies of a proper tariff for the provision of interexchange services xeflecting the rates approved herein within thirty (30) days of the date that this Order becomes final.. IT IS FURTHER ORDERED that YMax cannot offer local service to the public unless and until it: has filed for and received Commission approval of a tariff and underlying interconnection agreement(s). IT IS FURTHER ORDERED that YMaxIs proposed local service tariffs be filed with the Commission at Least thirty (30) days prior to the date YMax intends to commence providing local. service and shall contain, at a minimum, the folLowing information: (i) an accurate description of the services offered; (ii) a statement of the terms and conditions of service; fiii) a statement listing the rates and charges for such service; (iv) a description of the areas to be served by exchange; and (v) a statement explaining customers' rights and responsibilities, IT IS FURTHER ORDERED that YMax comply with all properly promulgated federal or state laws and regulations governing the provision Qf competing local exchange telecommunications services. IT IS *FURTHER ORDERED that 'this matter be, and hereby is, removed from the Commission's docket of open cases. The Executive Secretary Is hereby ordered to serve a copy of this order upon the Commission by hand 'delivery, and upon a11 parties of record by United States Certified Mail, return receipt requested. Leave is hereby gzanted to the parties to file written exceptions supported by a brief with the Executive Secretary of the Commission within fifteen (15) days of the date this order is mailed, If exceptions are filed, the parties filing exceptions shall certify to the Executive Secretary that a11 parties of record have been served said exceptions. If no exceptlons are so filed this order shall become the order of the Commission, without further action or order, five (5) days following the expiration of the aforesaid fifteen (15) day time period, unless it: is ordered stayed or postponed by the Commission. Any party may zequestwdver of the right to file exceptions to an Administrative Law Judge's Order by filing an appropriate petition in writing with the Secretary. No such waiver will be effective until
5
EXHIBIT C WKC 000005 approved by order of the Commission, nor shall any such waiver operate to make any Administrative Law Judge's Order or Decision the order of the Commission sooner than five (5) days after approval of such waiver by the Commission,
j+T CQX ohn P, Carter Administrative Law Judge
JPC :IC 0603Sla.wpd
PubficSeNirx Cwnmirskn 6 dW*itViinb Charleston EXHIBIT C WKC 000008 CASE NO. 10-0383-T-C
EMERGENCY OPERATIONS CENTER OF KANAWHA COUNTY V. YMAX COMMUNICATIONS CORPORATION AND MAGIC JACK, LP
DIRECT TESTIMONY OF CAROLYN KARR CHARNOCK On Behalf of the Emergency Operations Center Of Kanawha County
Dated: December 1,2010 1 Q* WHAT IS YOUR NAME AND BUSINESS ADDRESS? 2 A. My name is Carolyn Karr Charnock. My business address is 200 Peyton Way,
3 Charleston, West Virginia.
4 Q. WHAT IS YOUR EDUCATIONAL AND PROFESSIONAL BACKGROUND? 5 A. I am the executive director of the Metro Emergency Center of Kanawha County
6 (hereinafter “Metro”), the Public Safety Answering Point (hereinafter “PSAP”) serving
7 Kanawha County, West Virginia. I was graduated from Duke University in 1990 with a
8 bachelor’s degree in Political Science, with an emphasis on public policy.
9 Q. PLEASE DESCRIBE METRO AND ITS OPERATIONS? 10 A. We are the largest PSAP in the State of West Virginia and we serve the most populous
11 county in West Virginia.,We have a staff of 86, including 68 full-time employees and 17
12 part-time employees. We have 12-14 dispatchers on duty at any given time and handle
13 approximately 1,500 calls daily. Metro is responsible for dispatching approximately 250
.14 units and dozens of agencies, including the Charleston Police Department; Charleston
15 FireBMS; Kanawha County Sheriffs Department; Kanawha County Emergency
16 Ambulance Authority; West Virginia State Police; twenty-eight Volunteer Fire
17 Departments; police in the towns of Belle, Cedar Grove, Chesapeake, Clendenin, East
18 Bank, Glasgow, Handley, Marmet, Nitro and Pratt; park police for Coonskin and
19 Shawnee Parks and the Department of Natural Resources.
20 Q. PLEASE DESCRIBE YOUR ANNUAL BUDGET?
21 A. Our 2011 budget is attached as Exhibit A. The operating budget is for $6,499,250. The
22 bulk of this amount, $4,250,000, comes in the form of fees generated fiom the county
23 enhanced 911 fee. Without this fee it would be nearly impossible to operate. Our next
1 1 largest source of revenue is wireless fees, which we anticipate generating $2,182,800 in
2 20 11. Unfortunately, Kanawha County does not receive its proportional share of wireless
3 fees based upon the statute which directs the disbursement of those fees and receives only
4 about one half of the fees generated fiom Kanawha County mobile phones; the rest leaves
5 the county. However, it is relatively common knowledge that many individuals are
6 “cutting the cord” and fully replacing their landline with wireless phones. As this occurs
7 our revenues will fall absent increases in the county fee. Accordingly, as an organization,
8 Metro is vigilant about protecting that fee base in order to provide quality 91 1 service.
9 Q. PLEASE DESCRIBE THE COUNTY IMPOSED FEE THAT YOU REFERENCE? 10 A. West Virginia Code 9 7-1-3cc(b) authorizes counties to impose a fee on subscribers of
11 local exchange service and upon subscribers of voice over internet protocol, or VoIP,
12 service. In Kanawha County the fee extends to all local exchange subscribers and all
13 VoIP subscribers. The Kanawha County fee is currently $3.34 for each residential line
14 and $5.34 for the first eight business lines, with each additional line being one-eighth of
15 that amount or $0.67. For ease of reference a copy of the most recent fee ordinance is
16 attached as exhibit B.
17 Q. WHAT IS THE PURPOSE OF YOUR TESTIMONY?
18 A. My testimony is presented to describe the necessity of the county 911 fee and the need
19 for all subscribers to pay the fee as required by West Virginia law and Kanawha County’s
20 ordinance.
21 Q. ARE YOU FAMILIAR WITH MAGIC JACK AND YMAX?
22 A. Magic Jack is a VoIP provider. YMAX is a competitive local exchange carrier. As I
23 understand Magic Jack they sell a device which allows users to make and receive
2 1 telephone calls over the internet by requiring purchasers to subscribe to a competitive
2 local exchange carrier, YMAX Communications. YMAX charges $19.95 per year for its
3 service. As I read the pleadings in this case, it appears that YMAX has attempted to avoid
4 regulation by separating its service into an incoming and outgoing service. However, it is
5 apparent that the service is from YMAX and the attempt to split it out is an effort to avoid
6 the sole and limited area of regulation which the FCC currently imposes upon VoIP
7 carriers-9 11.
8 Q. DO OTHER VoIP PROVIDERS OFFER VoIP SERVICE IN KANAWHA COUNTY? 9 A. Yes, and most collect and remit the enhanced 911 fee. Vonage, for example, provides a
10 service similar to that of Magic JacWYMAX. They began remitting fees in January 2009.
11 One of the objections that Vonage raised in a prior proceeding, which resulted in the
12 establishment of a task force and the implementation of rules was the nomadic nature of
13 its producthervice. However, that was addressed in the rules codified in the Code of State
14 Rules at Section 150 Series 32.
15 Q. SINCE VONAGE BEGAN COLLECTING AND REMITTING FEES HAS METRO
16 SEEN A DIFFERENCE IN ITS COLLECTIONS?
17 A. Yes, I immediately noticed several thousand extra dollars each month. It is difficult to
18 calculate what that figure may be for MagicJack and YMAX.
19 Q. CAN SUBSCRIBERS TO THE YMMMAGIC JACK SERVICE CURRENTLY
20 CONNECT TO PSAPS?
21 A. Yes, most VoIP providers can connect to PSAPs and Magic Jack subscribers are no
22 exception. Currently, however, those subscribers place the burden and cost of the service
23 back upon the PSAP as well as any ILEC or CLEC whose system is burdened by the
3 1 extra cost. However, because Magic Jack does not collect the fees from its subscribers,
2 the burden of the service is placed upon other providers and the PSAPs. I imagine that
3 failing to collect county imposed 911 fees makes Magic Jack and WAX very
4 competitive compared to providers who do collect the fee from their subscribers. YMAX
5 and Magic Jack’s competitive advantage comes at a great cost to public safety.
6 Q. DO YOU HAVE ANYTHING ELSE TO ADD?
7 A. Not at this time but I reserve the right to submit rebuttal testimony if necessary.
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
4 2011 BUDGET
OPERATING REVENUES Landline Telephone Fees 4,250,000 Wireless Fees 2,182,800 Grants &. Reimbursements 40,000 Records . 1,000 Contributions 10,000 Misce I la n eous Revenues 15,450
OPERATING EXPENSES Administrative/Personnel Services Full-Time 2,582,500 Part-Time 200,000 OT Scheduled 210,000 OT Unscheduled 350,000 FICA 255,701 Hospitalization 660,000 De ntal/Op tica I 40,700
Contractual Telephone 353,908 Utilitles 37,310 Travel 11,475 M&R/Grounds 82,000 M&R/Equiprnent 143,810 M&R/Auto (MCP) 10,250 Postage 1,109 Dues/Su bscriptions 1,916 Legal Publication 1,358 Insurance 43,000 Building/Equipment Rental 7,700 Training & Education 17,019 Unemployment 16,000 Workers' compensation 10,004
Commodl ties Materials & Supplies 22,729 Gas/Oi I/Ti res 16,048
TOTAL DEPRECIATION &AMORTIZATION 475,000
EXHIBIT -A CKC 000001 Capital expenditures e $5,000 50,000
NONOPERATING INCOME (EXPENSE) Interest Income 4,500 Grant related expenditures
SUPPLEMENTAL INFORMATION
Capital Outlay Equipment/Computers 1,275,000 Network Upgrades 30,000 Equipment/Radios 5,500 Equipment/Office 40,000 EquipmentjVehicles 25,000 Addressing capital outlay EOC capital outlay 2,000 Capital Outlay/Building
181,604 475,000 { 1,3 27,500) Less debt principal 709,100
EXHIBIT - A CKC 000002 2008-631
, At a Regutar Session of the County Commission of Kanawha County, West Virginia, held at the Courthouse thereof, on the 21st day of August, 2008, the following Order was made and entered:
SUBJECT: Amendment to Countywide Enhanced Emergency Telephone System (E-911) Ordinance
The following Motion was offered by Dave Hardy, Commissioner.
The County Commission of Kanawha County, West Virginia, does hereby amend the
Countywide Enhanced Emergency Telephone System (E-91 1) Ordinance as follows:
e Page 8, Section 12 - Imposition of Fee (a): Pursuant to 5 7-1-3cc of the West Virginia Code, the Kanawha County Commission shall impose a fee of $5.34 per month per local business exchange service line and $3.34 per month per local residential service line, include voice-over-internet protocol and digital service, to finance the projected costs of establishing, equipping, furnishing and maintaining the enhanced emergency telephone system. Said fee shall be effective immediately upon implementation of fee by all competitive local exchange carriers and other carriers whose subscribers are responsible of paying a fee pursuant to West Virginia Code 9 7-1-3cc. Tel-e-assistance services shall be exempt from the fee imposed by this section.
e Page 8, Section 12 - Imposition of Fee (b): To equalize the rate charged to PBX and Centrex systems, PBX and Centrex lines will be charged at the rate of $5.34 per line per month. The fee for Centrex and PBX and similar systems is $5.34 per line per month for the first eight lines and at the rate of one eighth of $5.34 per month for all additional lines.
The adoption of the foregoing Motion having been moved by:
Dave Hardy, Commissioner, and duly seconded by:
Henry C. Shores, Commissioner, the vote thereon was as follows:
W.’ Kent Carper, President AYE
Henry ccHoppy’yC. Shores, Commissioner AYE
Dave Hardy, Commissioner AYE
Amendment to Countywide Enhanced Emergency Telephone System (E-911) Ordinance August 21,2008 Page 1 of 2 EXHIBIT - B CKC 000001 WHEREUPON, W. Kent Carper, President declared said Motion (Counfywide
Enhanced Emergency Telephone System @-911) Ordinance) duly adopted; and it is therefore
ADJUDGED and ORDERED that said Motion be, and the same is hereby adopted.
7
Dave Hardy, Commissioner
Approved by:
Amendment to Countywide Enhanced Emergency Telephone System @-911) Ordinance August 21,2008 Page 2 of 2 EXHIBIT - B CKC 000002 CASE NO. 10=0383-T-C . .,
EMERGENCY OPERATIONS CENTER OF KANAWHA COUNTY
V. YMAX COMMUNICATIONS CORPORATION AND MAGIC JACK, LP
DIRECT TESTIMONY
OF
ILLY JACK G
On Behalf of the Emergency Operations Center Of Kanawha County
Dated: December 1,2010 ..
EMERGENCY OPERATIONS CENTER OF KANAWBA. COUNTY v. YMAX COMMUNICATIONS CORPORATION and MAGIC JACK, LP
'CASE NO. 10-0383-T-C
Direct Testimony of Billy Jack Gregg
TABLE OF CONTENTS Page
I. INTRODUCTION ...... :...... 2
11. FEDERAL AND STATE POLICIES CONCERNING 91 1 RESPONSIBILITIES OF VOIP PROVIDERS ...... 8
. 111. THE STATUS OF MAGIC JACK UNDERFEDERAL AND STATE LAW ...... 14
IV. COLLECTION OF 91 1 FEES FROM MAGIC JACK ...... 23
APPENDIX A ...... i
i
P 1 Q. WHAT IS YOUR NAME AND BUSMSS ADDRESS? 2 A. My name is Billy Jack Gregg. I am an independent- consultant and the principal in the
3 fm Billy Jack Gregg Universal Consulting. My business address is P.O. Box 107,
4 Hurricane, West Virginia.
5
6 Q* FOR WHOM ARE YOU TESTIFYING IN THIS HEARING? 7 A. I am testifying on behalf of the Emergency Operations Center of Kanawha County, West
8 Virginia (Emergency Operations Center), the complainant in this proceeding.
9
10 Q. WHAT IS YOUR EDUCATION AND EXPERIENCE?
11 A. My education and experience are set out in Appendix A.
12
13 Q. WHAT IS THE PURPOSE OF YOUR TESTIMONY?
14 A. I have been asked by the Emergency Operations Center to review the operations of
15 YMAX Communications Corporation (YMAX) and magicJack, LP (collectively referred
16 to herein as “Magic Jack”), the respondents in this proceeding, and to present an opinion
17 as to the propriety of assessing 91 1 fees on Magic Jack’s telecommunications offerings in
18 West Virginia, and specifically in Kanawha County.
19
20 Q. PLEASE SUMMARIZE YOUR TESTIMONY. ,
21 A. Through retailers in Kanawha Cowty and in other parts of. West Virginia, Magic J&k
22 offers (1) customer premises equipment (CPE) which translates voice signals from an
1 1 . ordinary telephone into a digitized, packetized'format suitable for making calls using
2 voice over Internet protocol (VoIP); and (2) an annual subscription service provided by
3 magicJack, LP, and YMAX which enables customers to make local and long distance
4 calls over broadband connections.' As part of this subscription service, Magic Jack
5 provides customers telephone numbers and the ability to send and receive telephone calls
6 to and from the public switched telephone network (PSTN). This includes the ability to
7 make 911 calls to the Emergency Operations Center in case of an emergency. As the
8 provider of such services, I believe Magic Jack is an interconnected VoIP service
9 provider as that term is used in Federal and State law and should be responsible for
10 collecting and paying the monthly 91 1 assessment to the Emergency Operations Center.
11
12 I. INTRODUCTION
13 Q. WHAT IS VOIP AND HOW DOES IT DIFFER FROM TRADITIONAL TELEPHONE
14 SERVICE?
15 A. Traditional voice service uses a telephone to translate the sound waves created by a
16 person's voice into electrical waves which are then transmitted over a dedicated electrical
17 telephone circuit to another telephone where the electrical waves are translated back into
18 sound waves. While the dedicated electrical circuit is in use during a traditional voice
19 call, the circuit cannot be used for anything else. Voice over Internet Protocol or VoIP
20 starts out the same way in that a telephone or telephone-like CPE translates a person's
21 voice into electrical waves. However, the electrical waves from the telephone then go
As stated in the answer of Magic Jack filed in this proceeding on April 2,2010, magicJack, LP, provides the CPE and magicout@ service, which allows customers to make outgoing phone calls. YMAX provides a phone number and magicIn@ service, which allows customers to receive incoming phone calls. 2 1 into another piece of CPE, such as the Magic Jack device, which changes the electrical
2 waves into digitized packets2 which can be transmitted over the Internet. These digitized
3 packets then use a broadband connection to access the Internet. The packet switching
.4 used on the Internet routes the digitized packets to their destination, usually the Internet
5 gateway of the VoIP service provider which is connected to the public switched
6 telephone network (PSTN). At the gateway the digitized packets are translated back into
7 analog electrical waves and are sent over an electrical telephone circuit to the called
8 party's number, where a telephone translates the electrical waves back into sound waves.
9 In the example above, the VoIP call is terminating on the PSTN. However, VoIP calls
10 can also terminate to other VoIP devices on the Internet without ever transiting the
11 PSTN. This is the how computer-to-computer services like Skyp_evideo calls typically
12 operate. i
13
14 Q. WHAT ISSUES ARE RAISED BY VOIP SERVICES?
15 A. Unlike traditional landline service which is tied to the electrical telephone circuit
16 terminating at a particular address, VoIP can work wherever there is a broadband
17 connection: a home, a restaurant, a downtown street. As a result, VoIP has a mobility
18 aspect similar to wireless phones. However, unlike wireless and wireline phones, VoIP is
19 dependent on the electrical power supply to the broadband connection which it uses. If
20 there is a power outage - such as during a storm - there is no VoIP service. Wireline and
21 wireless phones continue to operate during power outages because their networks have
The electrical waves are digitized because they are converted into digits - ones and zeros. Packets are discrete packages of digits of a predetermined size which contain addressing and packet sequence information. '3 1 ‘their own independent power supplies. There are also regulatory issues raised by VoIP’s
2 use of the PSTN to originate and terminate calls, such as whether and what type of
3 charges VoIP service providers should pay for use of the PSTN, and whether VoIP
4 service providers should contribute to certain public interest aspects of the PSTN, such as
5 universal service, E9 1 1, and telecommunications relay service.
6
7 Q. PLEASE DESCRIBE MAGIC JACK. 8 A. Magic Jack markets CPE which allows users to make VoIP phone calls with a regular
9 phone over a broadband connection. magicJack, LP, provides the CPE and also provides
10 outgoing telecommunications service. As stated in Magic Jack’s answer in this case,
11 magicJack, LP, “gives customers the option to make outgoing phone calls ... by
12 subscribing to magicout8 service.”
13
14 Q. HOW IS YMAX COMMUNICATIONS RELATED TO MAGICJACK, LP?
15 A. YMAX Communications and magicJack, LP, are both affiliated subsidiaries of YMAX
16 Corporation: YMAX Communications is wholly-owned by YMAX Corporation, while
17 magicJack, LP, is a limited partnership in which the limited partner and general partner
18 are both ultimately YMAX Corporation. YMAX operates as a competitive local
19 exchange carrier (CLEC) and provides telecommunications services. As stated in Magic
20 Jack’s answer in this case, YMAX “gives customers the option of getting a phone
21 number and of receiving calls, by subscribing to magicIn8 service.’’
22
4 1 Q. HOW IS WGIC JACK MARKETED?
2 A. Magic Jack is marketed by national television, Internet and print advertising. The Magic
3 Jack device can be purchased on-line or at local retailers such as Radio Shack, Wal-Mart
4 and Sears. The initial purchase price for Magic Jack is $39.95, which includes the Magic
5 .Jack device and one year’s worth of telecommunications service. Customers can
6 purchase additional years of service for $19.95 per year (the equivalent of $1.67
7 monthly) .3
8
9 Q* PLEASE DESCRIBE THE EMERGENCY OPERATIONS CENTER OF KANAWHA 10 COUNTY.
11 A. The Emergency Operations Center of Kanawha County is the public safety answering
12 point (PSAP) for the residents of Kanawha County. Any resident of Kanawha County
13 dialing the universal emergency number 91 1 will be connected to the Emergency
14 Operations Center. The Emergency Operations Center then directs the customer
15 emergency to the appropriate public safety first-responder. In short, the Emergency
16 Operations Center provides a service that is integral to the health and safety of residents
17 of Kanawha County. In order to provide this service, the Emergency Operations Center
18 employs 85 persons (68 .full-time, 17 part-time) and has an annual budget of $6.5 million.
19
20 Q. HOW IS THE EMERGENCY OPERATIONS CENTER OF KANAWHA COUNTY
21 FUNDED?
Please note that Magic Jack’s terms of service state that by paying these fees, a customer is buying the Magic Jack device and a license to use Magic Jack’s softphone software for a year. Both in-coming and out-going phone service is provided for fiee. 5 1 A. A monthly E91 1 fee of $3 -34 is imposed on each residential wireline and VoP customer
2 within Kanawha County. The fee for business wireline and VoIP customers is $5.34 per
3 month for each of the first eight lines and $0.67 per month for all additional lines. These
4 fees are collected by the various telecommunications providers operating in Kanawha
5 County and remitted directly to the Emergency Operations Center.4 All post-paid
6 wireless customers pay a statewide E911 fee of $3.00. Proceeds from this wireless fee
7 are distributed to the various counties by the Public Service Commission based upon a
8 statutory formula for distribution.’ The point of sale sales tax on pre-paid wireless
9 service is now remitted by the State Tax Department to the Public Service Commission,
10 and then distributed to the counties.6 In short, all voice telecommunications customers in
11 Kanawha County pay directly or indirectly for the provision, upkeep and maintenance of
12 E91 1 services in Kanawha
13 - 14 Q. WHAT TYPE OF PROVIDERS PAY 91 1 FEES TO KANAWHA COUNTY? 15 A. All providers of wireline, VoIP and wireless telecommunications services providing
16 service in Kanawha County collect the 9 11 fees from their customers and remit these fees
17 to the Emergency Operations Center to cover the expenses of operating the Emergency
18 Operations Center.
19
See, West Virginia Code, §7-1-3cc(b). ’ See, West Virginia Code, 824-6-6bP). See, West Virginia Code, §§ll-15-3O(d) & 24-6-6bQ). ’The same holds true for each PSAP in the State of West Virginia. Although the wireline and VolP E91 1 assessment can vary by county, all voice telecommunication customers in each county pay directly or indirectly for the provision, upkeep and maintenance of E91 1 services in their respective counties. 6 1 Q. WKAT DO YOU UNDERSTAND TO BE THE FOUNDATION OF THE STATE LAW 2 REQUIRING TELECOMMUNICATIONS SERVICE CUSTOMERS TO PAY THE 91 1
3 FEE?
4 A. Since all customers benefit from the existence of 91 1 emergency services, all should pay
85 to support the provision of this service.
6 7 Q. PLEASE PROVIDE THE BACKGROUND OF THIS PROCEEDING. 8 A. On March 22, 2010, the Emergency Operations Center filed a complaint against YMAX
9 Communications and magicJack, LP, alleging that Magic Jack had not collected and
10 remitted 911 fees to the Emergency Operations Center as required by law. The
11 Emergency Operations Center sought an order from the Commission compelling Magic
12 Jack to collect and remit these fees. On April 2,2010, Magic Jack filed an answer stating
13 that it was not an interconnected VoIP provider and was not required to collect and remit
14 91 1 fees. Magic Jack also argued that it was impossible for it to collect 91 1 fees from its
15 customers because of the methods Magic Jack used to market its services.
16 On June 25 and 28, 2010, Staff filed memoranda recommending that Magic Jack
17 be required to collect and remit 911 fees to the Emergency Operations Center. Magic
18 Jack responded to the Staff memoranda by again denying that it was an interconnected
19 VoIP provider, but also stating that some sort of 91 1 surcharge on its service might be
20 reasonable if it was proportionate to usage by Magic Jack customers. The Emergency
21 Operations Center responded by supporting the Staff memoranda and rejecting Magic
22 Jack’s offer of a proportionate surcharge. On July 22,2010, the West Virginia Enhanced
7 1 91 1 Council, Inc. filed a letter in support of the Emergency Operations Center, urging the
2 Commission to require Magic Jack to collect and pay 9 1 1 fees. On August 2, 20 10, the
3 Commission issued a procedural order which set this proceeding for hearing and
4 established dates for the filing of testimony.
5
6 Q. HOW IS THE REST OF YOUR TESTIMONY ORGANIZED?
7 A. I first review federal and state policy conceming the 91 1 obligations of VoIP providers. I
8 will then discuss how these requirements apply to Magic Jack’s offerings in West
9 Virginia and recommend Commission action which I believe is appropriate in this case.
10 Finally, I will discuss how Magic Jack should collect and remit E911 fees to the
11 Kanawha County Emergency Operations Center.
12
13 11. FEDERAL AND STATE POLICIES 14 CONCERNING 911 RESPONSIBILITIES OF VOIP PROVIDERS 15 16 Q. PLEASE PROVIDE THE BACKGROUND OF FEDERAL POLICY CONCERNING
17 9 11 SERVICES?
18 A. In the United States, 91 1 is the universal three-digit code for access to fire, police,
19 ambulance and other emergency services. The ability to dial 91 1 to access local
20 emergency service personnel was first offered by AT&T in 1965, when telephone service
21 was still a regulated monopoly. Through dramatic technological and regulatory changes
22 over the past 45 years, the Federal Communications Commission (FCC) and Congress
23 have ensured that 91 1 capabilities have expanded and that all providers of
24 telecommunications services have shared in the responsibility to support the provision of
8 ..
1 91 1 services. For example, in 1996 the responsibility to provide 9 11 service was
2 extended to competitive local exchange carriers and wireless carriers.*
3
4 Q. HOW HAS THE FCC TREATED VOIP PROVIDERS IN RELATION TO E91 1 5 RESPONSIBILITIES?
6 A. The FCC has attempted to encourage the development of new technologitssuch as VoIP
7 by subjecting these services to less regulation than traditional telephony. For example,
8 the rates of VoIP providers are not regulated and do not have to be tariffed. Nevertheless,
9 the FCC has made clear that VoIP service providers are still subject to certain public
10 responsibilities, such as E91 1. In 2004 the FCC began a proceeding to determine the
11 appropriate E9 1 1 responsibilities of VoIP providers:
12 The emergence of IP as a means of transmitting voice and data and 13 providing other services via wireless, cable, and wireline 14 communications has significant implications for meeting the 15 nation’s critical infiastructure and 91 1 communications needs and 16 for that reason we seek comment below on various aspects 17 associated with determining the appropriate regulatory treatment 18 for IP-enabled service^.^ 19
20 In 2005 the FCC adopted E91 1 rules specifically for VoIP providers. The FCC stated:
21 The characteristics of interconnected VoIP services have posed 22 challenges for 9 11/E911 and threaten to compromise public safety. 23 Thus, we require providers of interconnected VoIP service to 24 provide E91 1 services to all of their customers as a standard 25 feature of the service, rather than as an optional enhancement. We 26 further require them to provide E91 1 from wherever the customer 27 is using the service, whether at home or away from home.
See, Revision of the Commission’s Rules to Ensure Compatibility with Enhanced 91 1 Emergency Calling Systems, CC Docket No. 94-102,ll FCC Rcd 18676, “First Report and Order” (1996), 1154-91. 9 In the Matter ofIP-Enabled Services, Docket No. WCO4-36, ‘Wotice of Proposed Rulemaking” (March 10,2004), 751. 9 1 .. .Through this Order, we fulfill our role to ensure that the 2 increasingly widespread deployment of a new communications 3 technology does not damage the ability of states and localities to 4 provide reliable and high-quality 91 1 service to all citizens.” 5
6 Q. WHAT IS THE TEST FOR WHETHER A VOIP PROVIDER IS SUBJECT TO E91 1 7 RESPONSIBILITIES?
8 A. In the rules adopted by the FCC, E91 1 responsibilities apply to all providers of
9 ‘‘interconnected VoIP service.” The FCC defined “interconnected VoIP service” as
10 follows:
11 An interconnected Voice over Internet protocol (VoIP) service is a 12 service that: 13 (1) Enables real-time, two-way voice communications; 14 (2) Requires a broadband connection from the user’s location; 15 (3) Requires Internet protocol-compatible customer premises 16 equipment (CPE); and 17 (4) Permits users generally to receive calls that originate on the 18 public switched telephone network and to terminate calls to the 19 public switched telephone network. 20
21 Q. WHAT DID THE FCC REQUIRE INTERCONNECTED VOIP SERVICE PROVIDERS
22 TO DO IN REGARD TO PROVIDING E91 1 SERVICE?
23 A. A copy of the FCC’s rules for the provision of E91 1 services by VoIP providers is
24 attached as Exhibit BJG-1. The FCC’s rules require VoIP providers to provide 91 1
25 service to their customers, to obtain from each customer a physical address prior to the
lo In the Matters of IP-Enabled Services and E91 I Requirementsfor IP-Enabled Service Providers, Docket No. WCO4-36 & 05-196, “First Report and Order and Notice of Proposed Rulemaking,” (June 3,2005), flfl1;lO. This Order will hereinafter be referred to as the “FCC 2005 Order.” l1 47 CFR 59.3. 10 1 initiation of service, and to allow customers to update their physical location.12 VoIP
2 service providers are also required to advise their customers of the limitations of VoIP
3 service in relation to 91 1 calls, and to provide stickers which can be placed on the
4 customer’s telephones warning users of these limitations in making 91 1 calls.13
.5 6 Q. HAS THE FEDERAL GOVERNMENT TAKEN ANY ACTION ON 91 1 AND VOIP 7 SUBSEQUENT TO THE FCC’S ADOPTION OF 91 1 RULES FOR VOIP PROVIDERS
8 IN 2005?
9 A. Yes. In 2008 Congress passed the NET 91 1 Act.14 This Act ratified the FCC’s
10 jurisdiction over interconnected VoIP providers and required them to comply with the
11: requirements of the FCC’s 2005 rules for 91 1 services, “as such requirements may be
12 modified by the Commission from time to time.”15 The NET 91 1 Act also confirmed the
13 ability of state and local PSAPs to assess and collect E9 11 fees on VoIP service
14 providers:
15 Nothing in this Act, the Communications Act of 1934 (47 U.S.C. 151 et 16 seq.), the New and Emerging Technologies Act of 2008, or any [Federal 17 Communications] Commission regulation or order shall prevent the 18 imposition or collection of a fee or charge applicable to commercial 19 mobile services or IP-enabled voice services specifically designated by a 20 State, [or] political subdivision thereof .. .for the support and
l2 “We recognize that it currently is not always technologically feasible for providers of interconnected VoIP services to automatically determine the location of their end users without end users active cooperation. We therefore require providers of interconnected VoIP services to obtain location information from their customers. Specifically, interconnected VoIP providers must obtain from each customer, prior to the initiation of service, .the physical location at which the service will &st be utilized. Furthermore, providers of interconnected VoIP services that can be utilized fiom one or more physical locations must provide their end users one or more methods of updating information regarding the user’s physical location.” FCC 2005 Order, 746. l3 See, FCC2005 Order, 748. l4 New and Emerging Technologies 91 1 Improvement Act of 2008, Public Law 110-283 (2008), which amended the Wireless Communications and Public Safety Act of 1999, Public Law 106-8 1 (1999). 47 U.S.C. §615a-l(a). 11 1 implementation of 9-1-1 or enhanced 9-1-1 services, provided that the fee 2 or charge is obligated or expended only in support of 9-1-1 and enhanced 3 9-1-1 services or enhancements of such services, as specified in the 4 provision of State or local law adopting the fee or charge.16 5
6 Q. WHAT ACTIONS HAS WEST VIRGINIA TAKEN IN REGARD TO VOIP 7 PROVIDERS AND 91 1 SERVICE?
8 A. In 2006, a year after the FCC’s VoIP 91 1 Order, the West Virginia Legislature adopted
9 Senate Bill 728 which extended 91 1 fee responsibility to all “in-state subscribers’’ of
10 VoIP service. The statute applied to residential VoIP customers “if the primary residence
11 of the subscriber is located within West Virginia.”17 In 2008 the PSC adopted emergency
12 rules to implement Senate Bill 728, and on June 22,2009, adopted permanent rules
\ 13 governing the collection and remittance of E9 11 fees by VoIP providers in West
14 Virginia.” These rules are codified as Series 32 of the Commission Rules and
15 Regulations.l9
16
17 Q. ALTHOUGH THE FCC ESTABLISHED NATIONAL E91 1 RULES FOR VOIP
18 PROVIDERS, E91 1 SERVICE IS ACTUALLY PROVIDED AND PAID FOR AT THE
19 LOCAL LEVEL. DID THE FCC ADDRESS THE RESPONSIBILITY OF VOIP
20 PROVIDERS TO PARTICIPATE IN LOCAL E9 11 FUNDING?
l6 47 U.S.C. §615a-l(f)(l). West Virginia Code, §7-1-3cc(b). I’ General Order 187.36, Rules Governing Billing, Collection and Remission of E91 I Fees by Providers of Voice over Internet Protocol Service, Series 32, “Commission Order,” (June 22,2009). l9 150 C.S.R. 832-1 et seq. 12 1 A. Yes. The FCC recognized the threat to E91 1 funding posed by the failure of VoIP
2 providers to pay into local 91 1 funding mechanisms, and expressed the belief that its
3 rules would reduce that threat:
4 Indeed, absent appropriate action by, and funding for, states and 5 localities, there can be no effective 91 1 service. Responsibility for 6 establishing and designating PSAPs or appropriate default 7 answering points, purchasing customer premises equipment (CPE), 8 retaining and training PSAP personnel, purchasing 91 1 network 9 services, and implementing a cost recovery mechanism to fund all 10 of the foregoing, among other things, falls squarely on the 11 shoulders of states and localities. ...We believe that the 12 requirements we establish today will significantly expand and 13 improve interconnected VoIP 91 1 service while substantially 14 reducing the threat to 91 1 funding that some VoIP services 15 currently pose.20 16
17 Q. HAS THIS COh4MISSION PREVIOUSLY RECOGNIZED THE IMPORTANCE
18 OF 91 1 FUNDING BY VOIP PROVIDERS?
19 A. Yes. In its October 2008 Order adopting emergency rules for 91 1 contributions by
20 VoIP providers, the Commission stated:
21 The Commission believes that local E9 1 1 providers have 22 a vital need to obtain funding from VoIP subscribers. 23 The West Virginia Legislature recognized this in 2006 in 24 amending West Virginia Code §7-1-3cc(b) to extend 25 county-imposed 91 1 fees to subscribers of VoIP service. 26 The Federal Communications Commission has also 27 established that VoIP providers are subject to 91 1 fees 28 imposed by local 29
2o FCC 2005 Order, 777;52. General Order 187.36, Rules Governing Billing, Collection dnd Remission of E911 Fees by Providers of Voice over Internet Protocol Service, Series 32, “Commission Order,” (October 8,2008), p. 3. 13 1 Q. PLEASE SUMh4AREE THE OBLIGATIONS OF VOIP SERVICE PROVIDERS 2 UNDER FEDERAL AND STATE LAW.
3 A. All interconnected VoIP service providers must provide 91 1 services to their
4 customers and must participate in the funding mechanism for local PSAPs.
5 Interconnected VoIP must maintain a registered physical location for each customer
6 and allow customers to update that location. Interconnected VoIP providers must also
7 affirmatively advise their customers of the limitations of E91 1 service provided by
8 VOIP.
9
10 III. THE STATUS OF MAGIC JACK UNDER FEDERAL AND STATE LAW 11 12 Q. WHAT IS THE BASIS FOR APPLYING 91 1 FEE RESPONSIBILITIES TO VOIP
13 PROVIDERS IN WEST VIRGINIA?
14 A. The state requirements reference Federal rules. Pursuant to Vest Virginia Code, $7-
15 l-3cc(b), E91 1 fees are to be imposed on all West Virginia subscribers of VoIP
16 service, “as VoIP service is defined by the Federal Communications Commission of the
17 United States.” The rules of the Public Service Commission implementing the West
18 Virginia VoIP E91 1 statute state that VoIP service “has the same definition as
19 Interconnected Voice over Internet Protocol as set forth in the rules and regulations of the
20 Federal Communications Commission, 47 C.F.R. $9.3.” Thus, it is clear that E91 1 + 21 responsibilities in West Virginia apply to all “interconnected VoIP service providers,” as
22 that term is defined by the FCC.
23
14 1 Q. WHAT IS THE POSITION OF MAGIC JACK AS TO WHETHER IT IS AN 2 INTERCONNECTED’VOIPSERVICE PROVIDER?
3 A. Clearly, Magic Jack’s position is that it is not an interconnected VoIP service provider.
4 On the face of the matter, Magic Jack appears to meet the FCC definition of an
5 interconnected VoIP service provider in that Magic Jack: (1) enables real-time two way
6 voice communication; (2) requires a broadband connection from the user’s location; (3)
7 requires IP-compatible CPE; and (4) generally permits users to receive and terminate
8 calls on the PSTN. However, Magic Jack argues that because it has separated the
9 outgoing and incoming call functions between two separate legal entities - magicJack,
10 LP, and YMAX - it does not fall within the definition of Ynterconnected VoIP service
11 provider.”
12
13 Q. IN YOUR OPINION, IS MAGIC JACK AN “INTERCONNECTED VOIP
14 SERVICE PROVIDER?”
15 A. Yes. The device and the service offered by magicJack, LP, and its affiliate YMAX
16 allow the customer to make calls to the PSTN and receive calls from the PSTN using
17 a broadband connection. A customer purchasing from Magic Jack is purchasing a
18 single service that allows the customer to make and receive calls over a broadband
19 . connection to the PSTN. From a customer’s viewpoint there is no difference between
20 magicJack, LP, and YMAX: there is only a single service provided by Magic Jack.
15 1 Q. IS THE FACT THAT MAGIC JACK AND YMAX COMMUNICATIONS ARE 2 SEPARATE CORPORATIONS OF ANY RELEVANCE?
3 A. No. I have no idea whether Magic Jack adopted this particular corporate structure in
4 an attempt to avoid falling within the definition of “interconnected VoIP service
5 provider” adopted by the FCC. However, as a practical matter the corporate structure
6 adopted by Magic Jack has little relevance. The two companies operate as a single
7 entity and provide a single service. magicJack, LP, and YhlAX are affiliates which
8 share the same officers and have the same address and phone number: 5700 Georgia
9 Ave., West Palm Beach, Florida 33405,561-586-3380. When a customer purchases a
10 Magic Jack device, there is no option to buy only the Magic Jack device without also
11 purchasing the telecommunications service provided by YMAX. Nor is a customer
12 able to purchase only outgoing call service provided by magicJack, LP, without also
13 purchasing the incoming call service provided by YMAX. In short, Magic Jack offers
14 a single, integrated VoIP service that allows a customer to make and receive calls on
15 the PSTN. As a result, Magic Jack should be subject to all the requirements of an
16 interconnected VoIP provider.
17
18 Q. DOES MAGIC JACK ADVERTISE THAT IT IS PROVIDING SEPARATE IN-
19 COMING AND OUT-GOING PHONE SERVICES OR THAT CUSTOMERS
20 HAVE THE OPTION TO SUBSCRIBE TO ONE OR THE OTHER OR BOTH?
16 1 A. No. Magic Jack advertises a single service - ‘‘free local and long distance calling” -
2 and charges customers a single price for this service - $39.95 for the first year and
3 $19.95 a year thereafter.
4
5 Q. YOU STATED THAT CUSTOMERS DO NOT HAVE THE OPTION TO BUY
6 THE MAGIC JACK DEVICE WITHOUT ALSO PURCHASING
7 TELECOMMUNICATIONS SERVICES FROM YMAX, AND THAT
8 CUSTOMERS ARE NOT ABLE TO SEPARATELY PURCHASE ONLY
9 OUTGOING SERVICE PROVIDED BY MAGIC JACK OR INCOMING SERVICE
10 PROVIDED BY YMAX. HOW DO YOU KNOW THIS?
11 A. I personally tried to buy the Magic Jack device without subscribing to YMAX’s
12 telecommunications service. I also tried to purchase just outgoing service and just
13 incoming service. I was always informed that I had to buy the entire service as
14 advertised by Magic Jack, that is, $39.95 for the Magic Jack device and one year of
15 service, &d $19.95 mually for service thereafter. I received the same story from
16 Magic Jack retailers Radio Shack, Sears and Wal-Mart. I ultimately purchased a
17 Magic Jack from Wal-Mart.
18
19 Q. AS A CUSTOMER WHO PURCHASED A MAGIC JACK, WHAT OPTIONS
20 WERE YOU GIVEN DURING THE PROCESS OF REGISTERING YOUR MAGIC
21 JACK?
17 1 A. After inserting the Magic Jack device in my computer, the Magic Jack software
2 downloaded and the registration process began. In order to use the Magic Jack device
3 I had already purchased, I had to click a button stating that I accepted Magic Jack’s
4 terms of service as written. There was no other option?2 Once I choose a phone
5 number, a box appeared with a check mark already in it that said: “I elect to accept
6 free outgoing service (recommended).” In short, customers are directed through the
7 registration process so that they can finally receive the service they were advised they
8 were buying: “free local and long distance calling.”
9
10 Q. MAGIC JACK CITES TO LANGUAGE IN PARAGRAPH 58 OF THE FCC’S 2005 11 ORDER AS THE BASIS FOR ITS CLAIM THAT IT IS DOES NOT PROVIDE
12 “INTERCONNECTED VOIP SERVICE.” HOW DO YOU RESPOND?
13 A. In paragraph 58 of its 2005 Order, the FCC was seeking comments on issues raised by
14 the scope of its Order. The FCC stated:
15 The scope of today’s Order is limited to providers of interconnected 16 VoIP services. We seek comment on whether the Commission should 17 extend these obligations, or similar obligations, to providers of other 18 VoIP services that are not covered by the rules adopted today. For 19 instance, what E91 1 obligations, if any, should apply to VoIP services 20 that are not fully interconnected to the PSTN? Specifically, should 21 E9 11 obligations apply to VoIP services that enable users to terminate 22 calls to the PSTN but do not permit users to receive calls that originate 23 on the PSTN? Should E91 1 obligations apply to the converse situation 24 in which a VoIP service enables users to receive calls from the PSTN 25 but does not permit the user to make calls terminating on the PSTN?
22 There was no box for “I do not agree.” If the box that said, “I have read and agree to the terms of service,” was not checked, the registration process would not move forward. Throughout the entire registration process there was a heading that said: “You must complete the entire registration process. Your Magic Jack will not have out outbound or inbound calling capabilities unless you complete the process.” 18 1 We tentatively conclude that a provider of a VoIP service offering that 2 permits users generally to receive calls that originate on the PSTN and 3 separately makes available a different offering that permits users 4 generally to terminate calls to the PSTN should be subject to the rules 5 we adopt in today’s Order if a user can combine those separate 6 offerings or can use them simultaneously or in immediate 7 succession. [Emphasis added] .23 8 9 Magic Jack appears to argue that because it has established its business structure with
10 separate affiliated companies providing incoming and outgoing service, it falls within
11 the spaces created by the language in paragraph 58 of the FCC’s 2005 Order, and
12 therefore it does not provide an “interconnected VoIP service.” I do not agree. The
13 focus of the language in paragraph 58 of the FCC’s 2005 Order was on the user, and
14 whether the user could combine separate offerings to create a complete service
15 including incoming and outgoing calls to the PSTN. As I have previously stated,
16 there is no option for the user to purchase separately the incoming or outgoing
17 services provided by magicJack, LP, and YMAX, and no option to combine them:
18 they are already combined. The user is presented only one offering which allows the
19 making of both incoming and outgoing calls. In short, Magic Jack’s arguments that it
20 does not offer “interconnected VoIP service” elevate form over substance.
21
22 Q. HAVE THERE BEEN ANY FURTHER FCC ACTIONS ON THIS ISSUE?
23 A. Yes. On September 23,2010, the FCC released a Further Notice of Proposed
24 Rulemaking and Notice of Inquiry to investigate, inter alia, the impact of changing
25 technologies on the provision of 9 11 services, and to determine whether 9 1 1
23 FCC 2005 Order, 758. 19 1 responsibilities should be extended to additional VoIP and wireless services.24 As
2 part of its investigation, the Commission asked the following series of questions:
3 Thus far, the Commission’s VoIP 91 1 rules have been limited to 4 providers of interconnected VoIP services. Since these rules were 5 adopted, however, there has been a significant increase in the 6 availability and use of portable VoIP services and applications that 7 do not meet one or more prongs of the interconnected VoIP 8 definition. In light of the increase in use of these services, we 9 seek comment on whether we should extend 91 1 and E91 1 10 obligations to providers of VoIP services that are not currently 11 covered by the rules. For instance, what 91 1/E911 obligations, if 12 any, should apply to VoIP that are not fully interconnected to the 13 PSTN? Specifically, should 91 E911 obligations apply to VoIP 14 services that enable users to terminate calls to the PSTN, but do 15 not pennit users to receive calls that originate on the PSTN? 16 Should 91 1/E911 obligations apply to VoIP services that enable 17 users to receive calls from the PSTN, but do not permit the user to 18 make calls terminating to the PSTN? Should 91 1/E911 obligations 19 apply to VoIP services that enable users to receive calls fiom the 20 PSTN and terminate calls to the PSTN but as separately elective 21 services? Even though such VoIP services do not fully meet the 22 definition of “interconnected VoIP,” should such service providers 23 assume the same public safety responsibilities? Does it continue to 24 make sense that because a VoIP service permits, for example, only 25 out-bound calls to the PSTN, that there should be no 91 1 26 obligations? [Emphasis added] .25 27
28 Note that in listing VoIP services that it does not consider to be interconnected VoIP
29 services, the FCC sets forth separate services that permit calling in one direction, but
30 not the other, as well as separate services which the user can combine on an elective
31 basis to provide calls to and from the PSTN. As previously discussed, there is no
24 66We also seek comment on what E9 11 obligations, if any, should apply to VoIP services that are not fully interconnected to the public switched telephone network (PSTN).” In the Matters of Wireless E91 ILocation Accuraq Requirements and E91 1 Requirements for IP-Enabled Service Providers, Docket No. WCO7-114 & 05- 196, “Further Notice of Proposed Rulemaking and Notice of Inquiry,” (Sept. 23,2010), 771-4. 25 Id., 73 1. 20 1 option or election made by a user of Magic Jack to purchase only in-bound or out-
2 bound services or to combine those services. There is only the decision to purchase
3 or not purchase Magic Jack as a single service for $39.95. As a result, it is clear that
4 Magic Jack currently provides interconnected VoIP service and is subject to Federal
5 and State requirements to provide 91 1 services to its customers.
6
7 Q. IN SPITE OF THE FACT THAT MAGIC JACK CLAIMS THAT IT IS NOT AN
8 INTERCONNECTED VOIP PROVIDER, DOES MAGIC JACK NEVERTHELESS
9 PROVIDE 91 1 SERVICE TO ITS CUSTOMERS?
10 A. Yes. In its answer in this case, Magic Jack stated that customers are able to register
11 their location with Magic Jack for 9 1 1 purposes. Magic Jack customers are given
12 further information on 9 11 registration on Magic Jack’s website. Registration is
13 necessary since the telephone numbers assigned to customers by Magic Jack do not
14 necessarily correlate to any specific physical location. The registration process allows
15 the customer’s 91 1 call to be directed to the appropriate PSAP serving the location
16 registered by the customer. Although Magic Jack customers can access 9 1 1, they
17 may have to verbally indicate their location to the PSAP because of limitations on the
18 ability of VoIP service to provide automatic location information.
19
20 Q. CAN MAGIC JACK CUSTOMERS IN WEST VIRGINIA CURRENTLY ACCESS
21 9 11 SERVICES?
22 A. Yes. 21 1
2 Q- DO THESE CUSTOMERS CURRENTLY PAY FOR 91 1 SERVICES? 3 A.^ No. Magic Jack apparently does not attempt to collect any 91 1 fees from its
4 customers, and Magic Jack does not remit any 91 1 fees to any PSAP in West
5 Virginia.
6
7 Q. WHAT DO YOU CONCLUDE? 8 A. Magic Jack is an interconnected VoIP service provider as that term is used in Federal
9 and State law. Regardless of the fact that Magic Jack has divided itself into two
10 affiliated corporations, Magic Jack offers, markets and sells a single service which
11 allows customers to make and receive calls to and from the PSTN using VoIP service.
12 In addition, Magic Jack’s customers in West Virginia can currently access 9 11
13 services in West Virginia. As a result, Magic Jack is subject to West Virginia law
14 requiring VoIP service providers to collect and remit E9 11 fees to county PSAps.
15
16 Q. HAVE ANY OTHER REGULATORY BODIES RECENTLY REQUIRED MAGIC
17 JACK TO PROVIDE E9 11 SERVICE?
18 A. Yes. Like the FCC, the Canadian Radio-Television and Telecommunications
19 Commission (CRTC) imposed E91 1 responsibilities on VoIP providers in 2005. On
20 September 17,2010, the CRTC wrote to Magic Jack noting that Magic Jack was still
21 not providing 91 1 service in Canada and requiring Magic Jack to comply with the
22 CRTC order by October 15,2010. A copy of the letter is attached as Exhibit BJG-2. 22 1 On October 27,2010,Magic Jack wrote to the CRTC confirming that 91 1 service was
2 implemented on October 15,2010.
3
4 IV. COLLECTION OF E911 FEES FROM MAGIC JACK 5 6 Q. WEST VIRGINIA LAW REQUIRES INTERCONNECTED VOIP PROVIDERS TO
7 COLLECT AND REMIT E91 1 FEES IF THE PRIMARY PLACE OF RESIDENCE OF
8 A CUSTOMER IS WITHIN WEST VIRGINIA. HOW DOES MAGIC JACK
9 RESPOND TO THIS REQUIREMENT?
10 A. Based on Magic Jack’s answer in this proceeding, it makes no effort to determine the
11 primary residence of any customer buying its service, and disclaims any ability to do so.
12
13 Q. IS IT IMPOSSIBLE TO DETERMINE THE PRIMARY LOCATION OF CUSTOMERS
14 PURCHASING MAGIC JACK?
15 A. Obviously not. Similar information has been obtained from wireless customers for years.
16 Magic Jack can require third party or on-line vendors who sell Magic Jack to customers
17 in West Virginia to obtain a declaration fiom the customer of his or her primary
18 residence. This information would be forwarded to Magic Jack along with 91 1 fees
19 collected by the vendor as part of the purchase price.
20
21 Q. WHAT DO WEST VIRGINIA RULES REQUPRE AS FAR AS COLLECTION OF THE 22 FEE?
23 A. Section 3.2.e.l of the PSC’s VoIP rules state: “The E91 1 fee is due and payable by
23 1 customers on the same basis as the rates and charges for VoIP service.”
2
3 Q. HOW WOULD THIS RULE APPLY TO MAGIC JACK? 4 A. Since Magic Jack sells its telecommunications service on an annual basis, the annual
5 amount of 91 1 fees could be added to the overall purchase price or annual renewal fee.
6 For purchases made by customers with their primary residence in Kanawha County, those
7 annual 91 1 fees would amount to $40.08 ($3.34 per month X 12 = $40.08).
8
9 Q. AS PART OF ITS BUSINESS PLAN, MAGIC JACK COLLECTS FEES FROM ITS 10 CUSTOMERS ON AN ANNUAL BASIS, WHILE 911 FEES ARE ASSESSED ON A
11 MONTHLY BASIS. IS THIS A PROBLEM?
12 A. The manner in which providers bill their customers does not change the responsibility to
13 collect and remit 91 1 fees. Since Magic Jack collects fees from its customers on a pre-
14 paid annual basis, it could presumably add a year’s worth of 91 1 fees to the customer’s
15 bill. The remittances by Magic Jack to Kanawha County could then be paid on a monthly
16 basis. However, it is really up to Magic Jack how it collects the fees fiom its customers.
17
18 Q. AREN’T KANAWHA COUNTY 911 FEES HIGHER THAN MAGIC JACK’S
19 ANNUAL PRICE OF TELEPHONE SERVICE?
20 A. Yes. As previously discussed, Magic Jack charges approximately $1.67 per month
21 ($19.95 per year) for phone service, while Kanawha County’s 911 fees are $3.34 per
22 month, or $40.08 per year. Adding E91 1 fees to the first-time purchase price of a Magic
24 1 Jack would increase the annual price from $39.95 to $80.03.
2
3 Q. WOULD REQUIRING MAGIC JACK TO COLLECT AND REMIT 91 1 FEES FROM
4 ITS CUSTOMERS CONSTITUTE A BARRIER TO ENTRY?
5 A. No, compliance with state law requiring collection of 91 1 fees is not a barrier to entry; it
6 is common responsibility of all telecommunications providers in West Virginia. As the
7 entity that allows customers in West Virginia to access the PSTN and to access PSAPs,
8 Magic Jack has the responsibility to collect monthly 91 1 fees from those customers.
9
10 Q. IN ITS PRIOR FILINGS IN THIS CASE, MAGIC JACK CLAIMS THAT IT HAS NO
11 IDEA WHERE ITS CUSTOMERS WILL USE THE MAGIC JACK. SHOULD THIS
12 AFFECT THE RESPONSIBILITY TO COLLECT AND REMIT 9 11 FEES?
13 A. No. The issue of mobility and 91 1 is not new. Cell phone users by their very nature are
14 mobile and can be in several jurisdictions within a single day. Nevertheless, it is clear
15 public policy that cell phone users have a,responsibility to contribute to the maintenance
16 of 91 1 emergency services. Federal and state policy requires cell phone users to pay 91 1
17 fees to the jurisdiction which contains the cell phone customer’s primary residence.
18 - 19 Q. PLEASE SUMMARIZE YOUR RECOMMENDATIONS.
20 A. Magic Jack is an interconnected VoIP service provider because it provides customers a
21 single service which allows calls to and from the PSTN, including to PSAPs, using VoIP.
22 As an interconnected VoIP service provider, Magic Jack has a responsibility to collect
25 1 E91 1 fees from its customers in Kanawha County and to remit those fees to the Kanawha
2 County Emergency Operations Center. Magic Jack’s business plan and the potential
3 mobility of its VoIP customers do not obviate Magic Jack’s obligation to collect and
4- remit E91 1 fees.
5
6 Q. DOES THIS CONCLUDE YOUR TESTIMONY? 7 A. Yes.
8
26 1 APPENDIX A
2 BACKGROUND AND QUALIFICATIONS OF
3 BILLY JACK GREGG 4 5 Q. WHAT IS YOUR EDUCATION BACKGROUND? 6 A. As an undergraduate I attended Austin College in Sherman, Texas, and the University of 7 Glasgow, Scotland. I received my B.A. degree in history and government from Austin 8 College in 1971. I attended the University of Texas School of Law in Austin, Texas and 9 received a J.D. degree from that institution in 1974. I was admitted to the West Virginia 10 Bar the same year. 11 12 Q. WHAT IS YOUR JOB EXPERIENCE? 13 A. From 1974 to 1977 I was employed as an assistant attorney general assigned to the West 14 Virginia Human Rights Commission. From 1977 to 1978 I was in private practice in 15 Hurricane, West Virginia. From 1978 to 1981 I was senior staff attorney for the US. 16 Department of Interior Field Solicitor's Office in Charleston, West Virginia, assigned the 17 primary duty of enforcing the Surface Mining Control and Reclamation Act of 1977. In 18 such capacity I became familiar with the coal mining practices and regulations in the 19 states of West Virginia, Virginia, Maryland and Pennsylvania, as well as acquiring 20 working knowledge of national and international coal markets. In 1981 I was appointed 21 fEst director of the Consumer Advocate Division, charged with the responsibility of 22 representing residential utility ratepayers in West Virginia. In this capacity I became 23 familiar with virtually every aspect of electric, gas, telephone and water service in the 24 State, as well as with Federal actions which affect State regulation of utility service. In 25 2007 I retired from the Consumer Advocate Division and became an independent 26 consultant and principal in the firm Billy Jack Gregg Universal Consulting. I offer 1 consulting services in the areas of energy and telecommunications, with emphasis in the 2 areas of universal service, intercarrier compensation and broadband. 3 4 Q. HAVE YOU HELD ANY POSITIONS IN NATIONAL ORGANIZATIONS? 5 A. Yes. I served as the Treasurer of the National Association of State Utility Consumer 6 Advocates hom 1996 to 2000, and served on the Executive Committee of that 7 organization fkom 1992 to 2000. In 1998 I was appointed to the Rural Task Force of the 8 Federal-State Joint Board on Universal Service, and served on that body until its work 9 was completed in 2001. I served on the Board of Directors of the Universal Service 10 Administrative Company in 2001 and 2002. From March 2002 until my retirement in 11 2007 I served as a member of the Federal-State Joint Board on Universal Service. From 12 2000 through 2009 I served on the Board of Directors of the National. Regulatory 13 Research Institute (NRRI). 14 15 Q. HAVE YOU EVER TESTIFIED BEFORE LEGISLATIVE BODIES? 16 A. Yes. I have testified numerous times over the years before the West Virginia Legislature, 17 and before committees of both houses of Congress. In addition, I have testified before 18 committees of the legislatures of Virginia, Pennsylvania and Tennessee. 19 20 Q. HAVE YOU EVER TESTIFIED BEFORE UTILITY REGULATORY AGENCIES? 21 A. Yes, I have testified in the following cases: 22 Public Service Commission of West Virginia 23 General Telephone of the Southeast, Case No. 81-612-T-42T; (Rate Case Settlement) 24 C&P Telephone Co. of W.Va., Case No. 83-383-T-42T; (Rate Case Settlement) 25 Wheeling Electric Company, Case No. 84- 191 -E-42T; (Rate Case Settlement) 26 C&P Telephone Company of W. Va., Case No. 84-755-T-T; (Party-line Elimination) 27 Mononnahela Power Co., Case No. 87-072-E-GI et al. (Fuel Review); ii 1 Hope Gas, Inc., Case No. 87-434-G-30C (Purchased Gas Adjustment); 2 MCI Telecommunications Co., Case No. 83-259-T-SC et al. (Flexible Regulation Plan); 3 Monongahela Power Co.., Case No. 88-082-E-GIYet al. (Fuel Review); 4 C&P Telephone Co. of W.Va., Case No. 88-589-T-A (Winfield Plan); 5 C&P Telephone Co. of W.Va., Case No. 89-041-T-PC (Exemption Petition); 6 U.S. Sprint Communications Company LP, Case No. 89-596-T-P et al. (Annual Reports); 7 In the Matter of Certification of Competitive Telecommunications Services, 8 Case No. 90-477-T-GI; 9 C&P Telephone Co. of W. Va., Case No. 90-424-T-PC; (Cost Allocation Manual) 10 C&P Telephone Co. of W.Va., Case No. 90-613-T-PCY(Incentive Regulation Plan); 11 West Virginia Cellular Telephone Co., Case No. 90-659-C-PC (Deregulation Petition); 12 Monongahela Power Co., Case No. 91-213-E-GI et al. (Fuel Review); 13 GTE South, Inc. and Contel of West Virginia, Case No. 93-0425-T-PC (Incentive Plan); 14 C&P Telephone Company of W.Va., Case No. 93-0957-T-GI (Seven Digit Dialing Plan); 15 Bell Atlantic-West Virginia, Inc., Case No. 94-0725-T-PC (Incentive Regulation Plan); 16 General Investigation into LntraLATA Competition in West Virginia,
17 . Case No. 94-1 103-T-GI; 18 West Virginia-American Water, Case No. 95-1202-W-CN (Plant Certificate 19 Application); 20 Monongahela Power Company, Case No. 97-01 83-E-GI et al. (Fuel Review); 21 Bell Atlantic-West Virginia, Inc., Case No. 971146 1-T-PC (Incentive Regulation Plan); 22 Monongahela Power Company, Case No. 98-0101-E-GI et al. (Fuel Review); 23 West Virginia Power Gas Company, Case No. 98-0448-G-PC (Safety Related 24 Surcharge); 25 Bell Atlantic-West Virginia. Inc. Case No. 98-1091-T-T (National Directory Assistance); 26 General Investigation, Case No. 98-1 53 1-T-GI (Cross-LATA Local Calling); 27 Monongahela Power Company, Case No. 99-0261-E-GI et al. (Fuel Review); ... 111 Citizens Telecommunications, Case No. 99-1530-T-PCY (Incentive Regulation Plan); Bell Atlantic-West Virginia, Case No. 99- 1620-T-GIY (Disposition of Additional Universal Service Funds); Bell Atlantic-West Virginia, Case No. 99-1633-T-PCY (Cross-LATA Local Calling); Verizon-West Virginia, Inc., Case No. 00-0705-T-PCY(Incentive Regulation Plan); Easterbrooke Cellular Corp., Case No. 03-093 5-T-PC (Eligible Telecommunications 7 Carrier); 8 Verizon-West Virginia. Inc., Case No. 04-0292-T-PC (Petition to Cease Regulation); 9 MCI Communications Services, Inc., Case No. 05-1233-T-GI (Billing Line Items); 10 Verizon-West Virginia, Inc., Case No. 06-048 1-T-PC (Petition to Cease Regulation); 11 General Investigation, Case No. 06-0708-E-GI (Electric Net Metering and 12 Interconnection Standards); 13 Appalachian Power Company and Wheeling Power Company, 08-0278-E-GI (ENEC); 14 Monongahela Power Company and The Potomac Edison Company, 08-1 5 11 -E-GI 15 (ENEC); 16 Appalachian Power Company and Wheeling Power Company, 09-0177-E-GI (ENEC); 17 Frontier Communications Corporation, New Communications Holding Company, Inc., 18 and Verizon Communications, Inc., et al, 09-0871-T-PC (Transfer of Control). 19 Monongahela Power Company and The Potomac Edison Company, 09-1485-E-GI
20 (ENW 21 Appalachian Power Company and Wheeling Power Companv, 10-0162-E-P (ENEC). 22 23 Federal Communications Commission 24 In the Matter of Federal-State Joint Board on Universal Service, CC Docket No. 96-45,
25 (1 998 en banc panel of the Federal-State Joint Board on Universal Service on the issues 26 of affordability and consumer issues);
iv 1 In the Matter of Implementation of Section 224 of the Act, WC Docket No. 07-245 (2008 2 declaration on the issue of pole attachment rates). 3 4 Alaska Public Service Commission 5 In the Matter of Investigation into the Impact on Alaska Consumers and Carriers of 6 Intercarrier Compensation Reform by the Federal Communications Commission, Case 7 No. R-06-6 (2006 testimony on Missoula Plan). 8 9 Georgia Public Service Commission 10 Universal Service Proceeding, Case No. 5825-U (2000 testimony on structure of state 11 universal service fund). 12 13 Illinois Commerce Commission 14 Frontier Communications Corporation, Verizon Communications, Inc., et al, Docket No. 15 09-0268 (Transfer of Control). 16 17 Ohio Public Utilities Commission 18 Frontier Communications Corporation, New Communications Holding Company, Inc., 19 and Verizon Communications, Inc.. et al, Docket No. 09-454-TP-ACO (Transfer of 20 Control). 21 22 Washington Utilities and Transportation Commission 23 In the matter of the Joint Application of Verizon Communications Inc. and Frontier 24 Communications Corporation, Docket No. UT-090842 (Transfer of Control). 25 26 Q. BESIDES CASES IN WHICH YOU HAVE TESTIFIED, HAVE YOU 27 PARTICIPATED IN REGULATORY CASES AS AN ATTORNEY?
V 1 A. Yes, as Director of the West Virginia Consumer Advocate Division and as Senior 2 Attorney in the Field Solicitor’s Office, I handled hundreds of regulatory cases as an 3 attorney. In the area of electric utility fuel review and ENEC proceedings, I served as the 4 attorney in every fuel, NEC and ENEC case on behalf of the West Virginia Consumer 5 Advocate Division from 1982 until ENEC cases were suspended in 2000, except for the 6 cases listed above in which I appeared as a witness. ENEC cases commenced again with 7 Appalachian Power’s 2005 rate case and Allegheny Power’s 2006 rate case. I also served 8 as attorney for the West Virginia Consumer Advocate Division in Appalachian Power’s 9 2007 ENEC case. 10 11 Q. HAVE DONE UTILITY CONSULTING IN OTHER COUNTRIES? 12 A. Yes. In 2003 I participated in utility regulatory training in Abuja, Nigeria, for the West 13 African Telecommunications Regulators Association (WATRA) as part of 14 NetTelBAfrica. In 2008 I completed a contract with the International 15 Telecommunications Union (ITU) in Banjul, Gambia, to review and make 16 reconknendations concerning interconnection rates in the nation of Gambia. 17 18 Q. DO YOU HAVE ANY PUBLICATIONS? 19 A. Yes. From April 2001 to March 2006 I published semi-annually through the National 20 Regulatory Research Institute A Survey of Unbundled Network Element Prices in the 21 United States.26 In 1996 I co-authored The Telecommunications Act of 1996: A Guidefor 22 Educators, through Appalachia Education Laboratory, Inc. 23 24 Q. HAVE YOU RECEIVED ANY AWARDS?
26 The UNE Surveys are available on-line through the University of Florida’s Public Utility Research Center at http:l/www.cba.ufl.edu/purc/research/LTNEda.asv vi Federal Communications Commission 5 9.5 conditions applicable to interconnected bering Plan telephone directory num- Voice over Internet Protocol service ber and may be used in place of an ANI providers. to convey special meaning. The special meaning assigned to the pseudo-ANI is EFFECTIVEDATE NOTX: At 74 FR 31874, July 6, 2009, 89.1 was revised, effective Oct. 5, 2009. determined by agreements, as nec- For the convenience of the user, the revised essary, between the system originating text is set forth as follows: the call, intermediate systems han- dling and routing the call, and the des- 09.1 Purposes. tination system. .The purposes of this part are to set forth Registered Location. The most recent the 911 and E911 service requirements and information obtained by an inter- conditions applicable to interconnected connected VoIP service provider that Voice over Internet Protocol service pro- viders, and to ensure that those providers identifies the physical location of an have acoess to any and all 911 and E911 capa- end user. bilities they need to oomply with those 911 Statewide default answering point. An and E911 service requirements and condi- emergency answering point designated tions. by the State to receive 911 calls for ei- ther the entire State or those portions 0 9.3 Definitions. of the State not otherwise seried by a ANI. Automatic Number Identifica- local PSAP. tion, as such term is defined in $20.3 of Wireline E911 Network. A dedicated this chapter. wireline network that: Appropriate local emergency authority. (1) Is interconnected with but largely An emergency answering point that separate from the public switched tele- has not been officially designated as a phone network; Public Safety Answering Point (PSAP), (2) Includes a selective router; and but has the capability of receiving 911 (3) Is utilized to route emergency calls and either dispatching emergency calls and related information to services personnel or, if necessary, re- PSAPs, designated statewide default laying the call to another emergency answering points, appropriate local service provider. An appropriate local emergency authorities or other emer- emergency authority may Include, but gency answering points. is not limited to, an existing local law EFFECTIVEDATE NOTE: At 74 FR 31874, July enforcement authority, such as the po- 6, 2009, 89.3 was amended by adding the defi- lice, county sheriff, local emergency nitions of “Automatic Location Information medical services provider, or fire de- (ALII” and “CMRS”, effective Oct. 5, 2009. For the oonvenience of the user, the added partment. text is set forth as follows: Interconnected VoIP service. An inter- connected Voice over Internet protocol ti 9.3 Definitions. (VoIP) service is a service that: (1) Enables real-time, two-way voice * * * * * communications; Automatic Location Information (ALI). Infor- (2) Requires a broadband connection mation transmitted while providing E911 from the user’s location; service that permits emergency service prc- (3) Requires Internet protocol-com- viders to identify the geographic location of patible customer premises equipment the calling party. (CPE); and CMRS. Commercial Mobile Radio Service, (4) Permits users generally to receive as defined in 520.9 of this chapter. calls that originate on the public switched telephone network and to ter- * * * * * minate calls to the public switched telephone network. § 9.5 E911 Service. PSAP. Public Safety Answering (a) Scope of Section. The following re- Point, as such term is defined in $20.3 quirements are only applicable to pro- of this chapter. viders of interconnected VoIP services. Pseudo Automatic Number Identifica- Further, the following requirements tion (Pseudo-ANI). A number, consisting apply only to 911 calls placed by users of the same number of digits as ANI, whose Registered Location is in a geo- that is not a North American Num- graphic area served by a Wireline E911 707
EXHIBIT BJG - 1 Page 2 of 3 L 9.5 47 CFR Ch. I (10-1-09 Edition) Network (which, as defined in 59.3, in- (1) Obtain from each customer, prior cludes a selective router). to the initiation of service, the phys- (b) E911 Service. As of November 28, ical location at which the service will 2005: first be utilized; and (1) Interconnected VoIP service pro- (2) Provide their end users one or viders must, as a condition of providing more methods of updating their Reg- service to a consumer, provide that istered Location, including at least one ccnsumer with E911 service as de- option that requires use only of the scribed in this section; CPE necessary to access the inter- (2) Interconnected VoIP service pro- connected VoIP service. Any method viders must transmit all 911 calls, as utilized must allow an end user to up- well as ANI and the caller’s Registered date the Registered Location at will Location for each call, to the PSAP, designated statewide default answering and in a timely manner. point, or appropriate local emergency (e) Customer Notification. Each inter- authority that serves the caller’s Reg- connected VoIP service provider shall: istered Location and that has been des- (1) Specifically advise every sub- ignated for telecommunications car- scriber, both new and existing, promi- riers pursuant to 864.3001 of this chap- nently and in plain language, of the ter, provided that “all 911 calls” is de- circumstances under which E911 serv- fined as “any voice communication ini- ice may not be available through the tiated by an interconnected VoIP user interconnected VoIP service or may be dialing 911;” in some way limited by comparison to (3) All 911 calls must be routed traditional E911 service. Such cir- through the use of ANI and, if nec- cumstances include, but are not lim- essary, pseudo-ANI, via the dedicated ited to, relocation of the end user’s IP- Wireline E911 Network; and compatible CPE, use by the end user of (4) The Registered Location must be a ncn-native telephone number, available to the appropriate PSAP, des- broadband connection failure, loss of ignated statewide default answering electrical power, and delays that may point, or appropriate local emergency occur in making a Registered Location authority from or through the appro- available in or through the ALI data- priate automatic location information base; (ALI) database. (c) Service Level Obligation. Notwith- (2) Obtain and keep a record of af- standing the provisions in paragraph firmative acknowledgement by every (b) of this section, if a PSAP, des- subscriber, both new and existing, of ignated statewide default answering having received and understood the ad- point, or appropriate local emergency visory described in paragraph (e)(l) of authority is not capable of receiving this section; and and processing either ANI or location (3) Distribute to its existing sub- information, an interconnected VoIP scribers warning stickers or other ap- service provider need not provide such propriate labels warning subscribers if ANI or location information; however, E911 service may be limited or not nothing in this paragraph affects the available and instructing the sub- obligation under paragraph (b) of this scriber to place them on or near the section of an interconnected VoIP serv- equipment used in conjunction with ice provider to transmit via the the interoonnected VoIP service. Each Wireline E911 Network all 911 calls to interconnected VoIP provider shall dis- the PSAP, designated statewide default tribute such warning stickers or other answering point, or appropriate local appropriate labels to each new sub- emergency authority that serves the scriber prior to the initiation of that caller’s Registered Location and that subscriber’s service. has been designated for telecommuni- (f) Compliance Letter. All inter- cations carriers pursuant to 664.3001 of this chapter. connected VoIP providers must submit (d) Registered Location Requirement. a letter to the Commission detailing As of November 28, 2005, interconnected their compliance with this section no VoIP service providers must: later than November 28, 2005. 708
EXHIBIT BJG - 1 Page 3 of 3 Canadian Radio-Television and Telecommunications Commission Ottawa, 17 September 2010 Our Reference: 8638-C12-200512964 BY E-MAIL Mr. Peter Russo Chief Financial Officer Y-Max Communications Corporation and magicJack LP P.O. Box 6785 West Palm Beach, Florida, USA 33405 Peter. [email protected] Dear Mr. Russo: Re: Provision of 9-1-1 service for customers in Canada It has come to the Commission's attention that magicJack LP (magiclack), which provides local VoIP service in Canada, does not provide 9-1-1 service to its Canadian customers. On 20 July 2010, Commission staff requested magicJack to provide its comments on this issue. On 8 September 2010, magicJack provided its reply and indicated that it expects to have 9-1-1 service, including related customer notifications, fully operational in Canada by 15 November 2010. Commission staff has reviewed the file and considers that magicJack does not meet the requirements for providing local service in Canada as stipulated in Telecom Decision 2005-21. Specifically, magiclack does not provide 9-1-1 service to its customers using its services in Canada. Commission staff considers this to be a serious matter given that customers using magiclack's services will not have access to 9-1-1 in case of an emergency. Furthermore, Commission staff notes that magicJack has provided no justification as to why it cannot implement 9-1-1 service as required before November 15, 2010. In this regard, Commission staff notes that magicJack's customer notification texts were approved over a year ago by Commission staff, on September 10, 2009. Accordingly, magicJack is required to: 1. implement 9-1-1 service in Canada by 15 October 2010 in accordance with the Commission's requirements; 2, implement the customer notification requirements in Telecom Decision 2006-61 by 15 October 2010; Further, the company is to provide to the Commission, within 10 business days: 3. details of its 9-1-1 implementation plan, including information on network infrastructure, routing and which 9-1-1 answering bureaus / third-party call centres it intends to use to provide 9-1-1 service, as well as implementation milestones; 4. identify which local exchange carriers (LECs) and/or local service providers currently provide magicJack with network resources and Canadian telephone numbers to allow it to offer service in Canada. If you fail to abide by the directions set out in this letter, please be advised that the Commission may order disconnection of service to magiclack in Canada. Since rely, Original signed by:
EXHIBIT BJG - 2 Page 1 of 2 John Traversy Executive Director Telecommunications c.c.: Dem Magmanlac, CRTC (819) 953-6638 Distribution list J a mie 6a ill ie : d a rksha d9999 @qm a iI, corn Michael Koch : [email protected]
http ://www.crtc. gc ,ca/eng/archive/20 1O/lt 10 0 9 17a. htm
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