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Page 40 of 250 CELLULAR/PCS GENERAL TERMS & CONDITIONS/AT&T-13STATE PAGE 40 OF 45 AT&T-13STATE/NEW CINGULAR WIRELESS PCS,LLC 091506 establish connections with little or no delay encountered in the network. Each Party will provide a 24hour contact number for network traffic management issues to the other's surveillance management center and a trouble reporting number. 28.3 Each Party maintains the right to implement protective network traffic management controls, such as "cancel to", "call gapping" or 7-digit and 10-digit code gaps, to selectively cancel the completion of traffic over its network, including traffic destined for the other Party’s network, when required to protect the public-switched network from congestion as a result of occurrences such as facility failures, switch congestion or failure or focused overload. Each Party shall immediately notify the other Party of any protective control action planned or executed. 28.4 Where the capability exists, originating or terminating traffic reroutes may be implemented by either Party to temporarily relieve network congestion due to facility failures or abnormal calling patterns. Reroutes shall not be used to circumvent normal trunk servicing. Expansive controls shall be used only when mutually agreed to by the Parties. 28.5 The Parties shall cooperate and share pre-planning information regarding cross-network call-ins expected to generate large or focused temporary increases in call volumes to prevent or mitigate the impact of these events on the public-switched network, including any disruption or loss of service to the other Party’s End Users. Facsimile (FAX) numbers must be exchanged by the Parties to facilitate event notifications for planned mass calling events. 28.6 Neither Party shall use any Interconnection, Network Element, function, facility, product or service provided under this Agreement or any other service related thereto or used in combination therewith in any manner that interferes with or impairs service over any facilities of AT&T-13STATE, its affiliated companies or other connecting Telecommunications Carriers, prevents any Telecommunications Carrier from using its Telecommunications Service, impairs the quality or the privacy of Telecommunications Service to other Telecommunications Carriers or to either Party’s End Users, causes hazards to either Party’s personnel or the public, damage to either Party’s or any connecting Telecommunications Carrier's facilities or equipment, including any malfunction of ordering or billing systems or equipment. Upon such occurrence either Party may discontinue or refuse service, but only for so long as the other Party is violating this provision. Upon any such violation, either Party shall provide the other Party notice of the violation at the earliest practicable time. 28.7 The Parties shall cooperate to establish separate, dedicated Trunks for the completion of calls to high volume End Users. 28.8 WSP and AT&T-13STATE will work cooperatively to install and maintain a reliable network. WSP and AT&T-13STATE will exchange appropriate information (e.g., maintenance contact numbers, network information, information required to comply with law enforcement and other security agencies of the government and such other information as the Parties shall mutually agree) to achieve this desired reliability. 2 8.9 WSP shall acknowledge calls in accordance with the following protocols. 28.9.1 WSP will provide a voice intercept announcement or distinctive tone signals to the calling party when a call is directed to a number that is not assigned by WSP. 28.9.2 WSP will provide a voice announcement or distinctive tone signals to the calling party when a call has been received and accepted by WSP's MSC. 28.10 When WSP's MSC is not able to complete calls because of a malfunction in the MSC or other equipment, WSP will either divert the call to its operator, or provide a recorded announcement to the calling party advising that the call cannot be completed. 28.11 WSP will provide supervisory tones or voice announcements to the calling party on all calls, consistent with standard telephone industry practices.
Page 41 of 250 CELLULAR/PCS GENERAL TERMS & CONDITIONS/AT&T-13STATE PAGE 41 OF 45 AT&T-13STATE/NEW CINGULAR WIRELESS PCS,LLC 091506 28.12 Nothing in this Agreement shall limit either Party’s ability to upgrade its network through the incorporation of new equipment, new software or otherwise. Each Party agrees to comply with the Network Disclosure rules adopted by the FCC in CC Docket No. 96-98, Second Report and Order, codified at 47 C.F.R. 51.325 through 51.335, as such rules may be amended from time to time (the “Network Disclosure Rules”). 28.13 WSP agrees to pay AT&T-13STATE for Time and Materials in all instances where WSP submits a trouble report and AT&T-13STATE, through investigation and testing, determines that the trouble is outside of the AT&T-13STATE network. WSP will be billed Time and Material Rate from the appropriate tariff 29. SIGNALING 29.1 Signaling Protocol. SS7 Signaling is AT&T-13STATE’s preferred method for signaling. Where multifrequency signaling is currently used, the Parties agree to use their best efforts to convert to SS7. If SS7 services are provided by AT&T-13STATE, they will be provided in the applicable access tariffs. Where multi-frequency signaling is currently used, the Parties agree, below, to Interconnect their networks using multi-frequency (“MF”) or (“DTMF”) signaling, subject to availability at the End Office Switch or Tandem Switch at which Interconnection occurs. The Parties acknowledge that the use of MF signaling may not be optimal. AT&T-13STATE will not be responsible for correcting any undesirable characteristics, service problems or performance problems that are associated with MF/SS7 inter-working or the signaling protocol required for Interconnection with WSP employing MF signaling. 29.2 Parties directly or, where applicable, through their Third Party provider, will cooperate on the exchange of Transactional Capabilities Application Part ("TCAP") messages to facilitate interoperability of CCSbased features between their respective networks, including all CLASS Features and functions, to the extent each Party offers such features and functions to its End Users. All CCS signaling parameters will be provided including, without limitation, Calling Party Number ("CPN"), originating line information ("OLI"), calling party category and charge number. 30. TRANSMISSION OF TRAFFIC TO THIRD PARTIES 30.1 WSP will not send to AT&T-13STATE local traffic that is destined for the network of a Third Party unless WSP has the authority to exchange traffic with that Third Party. 31. INTENTIONALLY LEFT BLANK 32. END USER INQUIRIES 32.1 Except as otherwise required by Section 32.1, each Party will refer all questions regarding the other Party’s services or products directly to the other Party at a telephone number specified by that Party. 32.2 Except as otherwise required by Section 32.1, each Party will ensure that representatives who receive inquiries regarding the other Party’s services: 32.2.1 Provide the number described in Section 32.1 to callers who inquire about the other Party’s services or products; and 32.2.2 Do not in any way disparage or discriminate against the other Party or its products or services. 32.3 Except as otherwise provided in this Agreement, WSP shall be the primary point of contact for WSP's End Users with respect to the services WSP provides such End Users. 33. EXPENSES 33.1 Except as expressly set forth in this Agreement, each Party will be solely responsible for its own expenses involved in all activities related to the matters covered by this Agreement.
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Non- Non- Monthly Recurring Recurri
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