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BA/GTE
Merger Commitments
Ohio Promotional LOOP Discount
As required by the Public Utilities Commission of Ohio
("PUCO") in its February 10, 2000 Opinion and Order in Case No. 98-1398-TP-AMT
("PUCO Merger Order") and the Federal Communications Commission in its June 16,
2000 Memorandum Opinion and Order in CC Docket No. 98-184 ("FCC Merger Order"),
Verizon North Inc. (formerly known as GTE North Incorporated) ("Verizon") hereby
makes the following limited-duration promotional loop discount available to any Ohio
Competing Local Exchange Carrier ("CLEC") that obtains qualifying loops from
Verizon pursuant to Sections 251 and 252 of the Communications Act of 1934, as amended
(the "Act"), under the terms of an effective interconnection agreement or 252(i)
adoption, or under an applicable state tariff (the "Underlying Arrangement") of
Verizon. This offer supercedes and replaces the prior offer posted to this Web
site from
August 4, 2000 to August 11, 2000. The CLEC will be deemed to have accepted the terms and
conditions set forth in this discount plan with respect to Verizon upon payment of the
first invoice issued by Verizon that reflects the promotional loop discount described
below. Upon acceptance, the resulting agreement shall be deemed to have amended the
Underlying Arrangement as set forth herein. The terms and conditions set forth herein,
together with all applicable terms and conditions of the Underlying Arrangement, are
integrally and legitimately related, and shall govern the provision of the designated
services and/or facilities by Verizon to CLEC. The CLEC may reject this discount plan at
any time prior to such acceptance by sending electronic or written notice to the following
person:
Renee L. Ragsdale
Manager - Contract Management
Network Services Group
600 Hidden Ridge Rd., HQE03B65
Irving, Texas 75038
Fax: 972-718-1279
E-mail: contract.management@verizon.com
1. Qualifying Loops. The promotional loop
discount required by the PUCO Merger Order ("PUCO Loop Discount") shall apply to
the monthly recurring charges for unbundled local loops used in the provisioning of
service to both Ohio residential and business end user customers of the CLEC that are
ordered during the Initial Offering Window (as hereinafter defined), with a requested
installation date no later than thirty (30) days after the close of the Initial Offering
Window ("PUCO Qualifying Loops"). Unbundled local loops that were ordered or in
service prior to the Initial Offering Window, or ordered after the end of the Initial
Offering Window, shall not be eligible for a promotional loop discount. Should CLEC be
entitled to order additional loops under the promotional loop discount required by the FCC
Merger Order ("FCC Loop Discount") during the Extended Offering Window (as
hereinafter defined) the discount available during that offering period shall apply only
to the monthly recurring charges (as set forth in the Underlying Arrangement) for
unbundled loops used in the provisioning of local exchange service to residential end use
customers of the CLEC that are ordered during the Extended Offering Window (as hereinafter
defined), with a requested installation date no later than thirty (30) days after the
close of the Extended Offering Window ("FCC Qualifying Loops"). Unbundled local
loops that were ordered or in service prior to the Extended Offering Window, or ordered
after the end of the Extended Offering Period, shall not be eligible for the FCC Loop
Discount.
2. Initial Promotional Discount Level. The
promotional loop discount shall initially be set at 30% for PUCO Qualifying Loops to
reflect the PUCO Loop Discount. As required by the FCC, this promotional loop discount
supplements, but is not cumulative of, the market-opening discounts approved by the FCC,
and additionally satisfies the PUCO s mandate that its ordered promotions set a
floor, while allowing a CLEC to take advantage of a more advantageous result ordered in
another jurisdiction. As such, for the term that Verizon is required to offer the PUCO
Loop Discount, CLEC is given the benefit of the broader and more advantageous PUCO Loop
Discount of 30%. Further, should that promotional discount expire while the FCC Loop
Discount is still in effect, CLEC will be entitled to the remaining benefit of the FCC
Loop Discount as specifically set forth in Paragraph 4. In no event, however, may the PUCO
Loop Discount of 30% and the FCC Loop Discount of 25.05% be combined to increase the
applicable percentage discount (i.e., while the PUCO Loop Discount is in effect the
total discount will be 30%, not 55.05%).
3. Initial Offering Window. The Initial
Offering Window during which the PUCO Loop Discount shall be made available shall open on
July 30, 2000, and shall close at the earlier of the following: (a) thirty-six (36) months
after commencement of the Initial Offering Window; (b) the date on which the aggregate
number of business and residential unbundled local loops held by unaffiliated CLECs in
Ohio reaches the maximum level of twenty thousand (20,000) loops. Verizon shall file
notice with the Secretary of the FCC, the PUCO and competitive local exchange carriers
operating in Ohio within 3 business days after terminating the Initial Offering Window
because the maximum level of loops is reached.
4. Extended Offering Window. Should the
Initial Offering Window close prior to twenty-four (24) months after its commencement
because the aggregate number of unbundled local loops held by unaffiliated CLECs in Ohio
reaches the maximum level of twenty thousand (20,000) loops, and, if at such time Verizon
has not met any of the conditions prescribed by the FCC Merger Order to close the offering
window of the FCC Loop Discount, an Extended Offering Window shall open during which time
CLEC may take advantage of the FCC Loop Discount. Such Extended Offering Window shall run
for the remainder of the twenty-four (24) month period that commenced upon the opening of
the Initial Offering Window, or, if earlier, until (1) the number of unbundled residential
loops billed at either promotional loop discount in Ohio reaches the maximum level of
thirty-one thousand (31,000) residential loops, or (2) the date on which competing
carriers, in aggregate, offer service over their own facilities to at least 15% of Verizon
customer locations, or (3) the date on which Verizon has completed 50% of the out of
region commitment described in Section XVI of Appendix D to the FCC Merger Order. At such
time during the Extended Offering Window that 50% and 80% of the maximum thirty-one
thousand (31,000) residential loops is reached in Ohio, Verizon will provide written or
electronic notice to all competitive local exchange carriers operating in the state.
Additionally, Verizon shall file notice with the Secretary of the FCC, the PUCO, and
competitive local exchange carriers operating in Ohio within 3 business days after
terminating the Extended Offering Window because the maximum level of residential loops is
reached. Unbundled residential loops installed and made operational at either promotional
loop discount on or after July 30, 2000 shall be counted toward the maximum, whether or
not they remain in service.
5. FCC Promotional Discount Level. During the
Extended Offering Window, if any, the FCC Loop Discount of 25.05% shall apply to all FCC
Qualifying Loops in Ohio.
- Certification.
CLEC shall abide by the following conditions with respect to unbundled local loops for
which it requests the FCC Loop Discount: (i) the loop shall be used to provide residential
telephone exchange service and any associated exchange access service and shall not be
used to provide any Advanced Services (as defined in Section I.2 of Appendix D of the FCC
Merger Order); (ii) the loop shall not be purchased as part of a UNE Platform or in any
other combination with Verizon s local switching or the functions and features
associated with that switching; and (iii) the loop shall be used in accordance with any
other binding conditions imposed under applicable agreements, judicial or administrative
decisions, or governing law. On a quarterly basis, while taking advantage of the FCC Loop
Discount, CLEC shall certify in writing to Verizon and the PUCO that it is using all
unbundled local loops provided at a promotional discounted price in accordance with these
conditions. Such certification shall be in a form acceptable to Verizon at its reasonable
discretion.
- Audit.Verizon shall have the right to hire,
at its own expense, an independent third party auditor to perform all necessary audits and
inspections needed to assure that unbundled local loops provided under the FCC Loop
Discount are used in accordance with conditions (i) and (ii) described in paragraph 5.a.
CLEC shall cooperate in the performance of such audits and inspections. Audit information
will be restricted to Verizon regulatory, legal and/or wholesale personnel, and Verizon
will prohibit those personnel from disclosing audit-related, customer-specific or
company-specific proprietary information to Verizon retail personnel. Any
telecommunications carrier or other person found by the PUCO to have violated the
conditions of Paragraph 5.a. or that fails to cooperate in an audit may be denied the FCC
Loop Discount on any unbundled local loop for which the use conditions or the audit
provisions are violated. In addition, any such telecommunications carrier or other person
that intentionally and repeatedly violates the use conditions of Paragraph 5.a. may be
denied the FCC Loop Discount on unbundled local loops ordered or installed after the date
of such a finding by the PUCO.
6. Advanced Services Discount Election.
An Ohio CLEC that does not opt out of this discount plan will also be
deemed to have chosen to participate in the Promotional Advanced Services
Loop Discount prescribed by the FCC Merger Order and generally provided
by Verizon to CLECs on an opt-out basis. Such Promotional Advanced Services
Loop Discount is offered subject to the terms and conditions prescribed
by the FCC Merger Order as posted at /merger/master.htm. In reconciling
the overlapping discounts on monthly recurring loop charges under the
FCC Promotional Advanced Services Loop Discount and the PUCO Loop Discount
during the period that both discounts are offered, however, CLEC shall
receive the greater 30% discount and shall be offered such discount pursuant
to the terms and conditions of the PUCO Loop Discount.
NOTE:
The UNE Advanced Services discount offering window in Ohio will
close August 1, 2003. |
7. Promotional Period. Once in effect for any
qualifying unbundled loop, a promotional loop discount shall remain in effect for a
Promotional Period that shall terminate at the earlier of: (a) the date that is thirty-six
(36) months from the date on which a qualifying unbundled loop is installed and
operational; or (b) the date on which the unbundled loop is no longer in service at the
same location and for the same carrier. Verizon shall be under no obligation to provide an
unbundled loop at any promotional loop discount outside the Promotional Period.
8. Application of Promotional Loop Discounts.
A promotional loop discount may be applied through billing credits, true-ups or other
billing mechanisms, provided that such credits, true-ups, or other billing mechanisms are
applied within sixty (60) days of the initial billing for service.
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