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Title: |
Agreement |
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Entities: |
Pac-West Telecomm, Inc.; Roseville Telephone Company |
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Date: |
2001 |
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Size: |
Preview shows 10KB of 349KB total |
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Price: |
$49 |
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ID: |
#129109 |
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AGREEMENT
between
ROSEVILLE TELEPHONE COMPANY
and
Pac West Telecomm, Inc.
{PAGE}
TABLE OF CONTENTS
-----------------
{TABLE}
{CAPTION}
Section Page
------- ----
{S} {C}
AGREEMENT.................................................................. 1
SECTION 1 - GENERAL PROVISIONS............................................ 2 - 10
SECTION 2 - DEFINITIONS and ACRONYMS....................................... 11 - 20
SECTION 3 - DIRECTORY LISTINGS & E911 REQUIREMENTS......................... 21 - 23
SECTION 4 - LOCAL SERVICE RESALE........................................... 24 - 27
SECTION 5 - NETWORK ELEMENTS............................................... 28 - 33
SECTION 6 - RIGHTS OF WAY.................................................. 34
SECTION 7 - PRICING........................................................ 35 - 45
SECTION 8 - COLLOCATION.................................................... 46 - 49
SECTION 9 - PROVISIONING & ORDERING........................................ 50 - 54
SECTION 10 - MAINTENANCE................................................... 55 - 56
SECTION 11 - BILLING & RECORDING........................................... 57 - 59
SECTION 12 - PROVISON OF CUSTOMER USAGE DATA............................... 60 - 63
SECTION 13 - LOCAL NUMBER PORTABILITY & NUMBER ASSIGNMENT.................. 64 - 67
SECTION 14 - LOCAL INTERCONNECTION TRUNK ARRANGEMENTS...................... 68 - 77
AGREEMENT SIGNATURES....................................................... 78
{/TABLE}
{PAGE}
AGREEMENT
---------
This Agreement, executed on the ___ day of _______, 2000, is entered into by and
between Pac-West Telecomm, Inc. ("Pac West"), a California corporation, having
an office at 4210 Coronado, Stockton, California and ROSEVILLE Telephone Company
("ROSEVILLE"), a California corporation, having an office at 200 Vernon Street,
ROSEVILLE, California.
RECITALS
--------
WHEREAS, The Telecommunications Act of 1996 was signed into law on February
8, 1996 (the "Act") and substantially amends the Communications Act of 1934; and
WHEREAS, the Act places certain duties and obligations upon, and grants
certain rights to, Telecommunications Carriers; and
WHEREAS, ROSEVILLE is an Incumbent Local Exchange Carrier; and
WHEREAS, ROSEVILLE is willing to provide Network Elements (including
Ancillary Functions and additional features) as well as services for resale, and
interconnect its network with the network of Pac West on the terms and subject
to the conditions of this Agreement; and
WHEREAS, Pac West is a Telecommunications Carrier and has requested that
ROSEVILLE negotiate an Agreement with Pac West for the provision of
interconnection, Network Elements (including Ancillary Functions and additional
features), and services pursuant to the Act and in conformance with ROSEVILLE's
duties under the Act;
WHEREAS, the Parties want to interconnect their networks at mutually agreed
upon points of interconnection according to the terms of this agreement to
provide directly or indirectly Telephone Exchange Services and Exchange Access
to residential and business end users predominantly over their respective
telephone exchange service facilities in California;
WHEREAS, the Parties have arrived at this Agreement through voluntary
negotiations undertaken pursuant to the Act.
NOW, THEREFORE, in consideration of the terms and conditions contained
herein, ROSEVILLE and Pac West mutually agree as follows:
DEFINITIONS and ACRONYMS
------------------------
For purposes of this Agreement, certain terms and acronyms have been
defined in Section 2 and elsewhere in this Agreement to encompass meanings that
may differ from, or be in addition to, the normal connotation of the defined
word. Unless the context clearly indicates otherwise, any term defined or used
in the singular shall include the plural. The words "shall" and "will" are used
interchangeably throughout this Agreement and the use of either connotes a
mandatory requirement. The use of one or the other shall not mean a different
degree of right or obligation for either Party.
Page 1
{PAGE}
SECTION 1
---------
GENERAL PROVISIONS
1.0 Provision of Resale Service and Unbundled Elements
1.01 This Agreement and all rights, obligations, and duties set forth in
this Agreement and its Sections are subject to the Act, regulations
promulgated thereunder and relevant Federal Communications
Commission (FCC) and California Public Utilities Commission (CPUC)
decisions in effect on the Effective Date of this Agreement. The
effect on this Agreement of changes in the Act, regulations
promulgated thereunder and relevant FCC and CPUC decisions is set
forth in Paragraphs 1.5.2, 1.5.3 and 1.5.4 of this Agreement.
1.02 This Agreement sets forth the terms, conditions and prices under
which ROSEVILLE agrees to provide to Pac West (a) services for
resale, (b) certain Network Elements, (including Ancillary Functions
and additional features) for purposes of offering telecommunications
services. This Agreement also sets forth the terms and conditions
for the interconnection of Pac West's network to ROSEVILLE's network
and the reciprocal compensation for the transport and termination of
telecommunications traffic. Unless otherwise provided in this
Agreement, and except where not technically feasible in a given
area, ROSEVILLE will perform all of its obligations hereunder
throughout ROSEVILLE's entire incumbent local exchange serving area,
served as of the effective date of this agreement, provided,
however, that ROSEVILLE is not required to install new or improved
facilities in areas where they do not currently exist. If Pac West
requests that ROSEVILLE installs new or improved facilities for Pac
West, Pac West shall pay the full cost of all such improvements and
new facilities provided by ROSEVILLE for Pac West.
1.03 Pac West agrees to negotiate in good faith with ROSEVILLE pursuant
to the rules outlined in the Act or other applicable rules should
ROSEVILLE request Pac West to enter into an agreement in which Pac
West would provide telecommunications services to ROSEVILLE or any
affiliate of ROSEVILLE.
1.1 Term of Agreement
1.1.1 The term of this Agreement shall be two (2) years and shall begin on
the Effective Date. Following the expiration of the initial term,
this Agreement shall continue in force and effect until it is
terminated by either Party by furnishing ninety (90) days prior
written notice of termination to the other party. Notwithstanding
the preceding sentence, if the Parties are negotiating a successor
agreement at the conclusion of the 90-day notice of termination
period, this Agreement shall continue in force and effect until the
successor agreement between the Parties is approved by the CPUC;
provided, however, when a successor Agreement is reached, the terms,
conditions, rates and charges of such successor agreement shall
apply retroactively to the date this Agreement would have terminated
but for its continuation under the terms of this sentence.
1.2 Responsibility of Each Party
Each Party will be solely responsible for proper handling, storage,
transport and disposal at its own expense of all (i) substances or
materials that it or its contractors or agents bring to, create or assume
control over at Work Locations and, (ii) Waste resulting therefrom or
otherwise generated in connection with its or its contractors' or agents'
activities at the Work Locations. Subject to the limitations of liability
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