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092603
SBC E3WC AGREEMENT FOR SBC MIDWEST TELCOS
This Agreement (hereinafter "Agreement") is made and entered into this 30th day of September, 2003, by and between SBC Long Distance (hereinafter referred to as “Access Carrier” or “AC”), and Illinois Bell Telephone Company ("SBC Illinois"), The Ohio Bell Telephone Company ("SBC Ohio"), Michigan Bell Telephone Company ("SBC Michigan"), Wisconsin Bell, Inc ("SBC Wisconsin"), and Indiana Bell Telephone Company, Incorporated ("SBC Indiana"), (collectively referred to herein as "SBC Midwest Telcos” and referred to individually as “SBC Telco”). Each SBC Telco and AC is collectively referred to herein as the “Parties”.
The Parties Agree as Follows:
1. Purpose of Agreement
Each SBC Midwest Telco offers a program referred to as Slamming Protection (also known as “Preferred Carrier Freeze” or "PIC freeze") program. Under the Slamming Protection program, a subscriber may request that his or her SBC telephone account be protected against unauthorized changes of his or her selection of carrier(s) in Illinois for intraMSA toll and/or interMSA toll service, and in Indiana, Ohio and Wisconsin for intraLATA toll and/or interLATA toll, and in Michigan for intraLATA toll/zone and/or interLATA toll. Slamming Protection is designed to guard that the subscriber’s carrier(s) selection cannot be changed without direct, express authorization from the subscriber. Under current Federal Communications Commission (FCC) and state Public Utilities Commission (PUC) rules and regulations, Slamming Protection may be removed by the subscriber upon direct express authorization to the appropriate SBC Telco. As of the effective date of this Agreement, which shall be the last date of signature at the end of this document (“Effective Date”), a subscriber may authorize the removal of the Slamming Protection through SBC Electronic Three-Way Calling[1] (“SBC E3WC”)[2] provided the subscriber’s new carrier is the AC under this Agreement.
2.Definition of SBC E3WC
SBC E3WC is a process whereby a subscriber’s authorization to remove Slamming Protection is captured in a compliant (as will be defined later herein) audio recording that is forwarded to the appropriate SBC Telco for its review and acceptance. The audio recording will be created as a separate and distinct part of a verification process that accompanies sales of long distance telephone service by AC. The Parties hereby acknowledge that the SBC E3WC, as contemplated herein, is a surrogate for the “3-Way Call” expressly identified under FCC 47 CFR 64.1190(e) as a means for the subscriber to remove the Slamming Protection. The Parties each agree that SBC E3WC comports with the rules and requirements of the 3-Way call. The appropriate SBC Telco will lift the Slamming Protection based on the authorization from the subscriber on the SBC E3WC recording provided the SBC Telco is satisfied, according to its practices and procedures: 1) that the recording contains the information required by SBC Midwest Telcos for removal of Slamming Protection; 2) that it is the subscriber or a person authorized by the subscriber on the recording requesting the Slamming Protection be lifted; 3) that the subject telephone number is the appropriate SBC Telco’s residential telephone number; and, 4) that the verifying Party has not coerced, misled, or in some way intimidated the person to authorize the removal.
The Parties hereby acknowledge and agree that SBC Midwest Telcos’ access and review of the submitted recording is not a “re-verification” of the carrier change which is the subject of the audio recording, and shall not be construed as such for any purpose or cause.
3.Scope of Agreement
A.As of the Effective Date of this Agreement, AC may submit compliant SBC E3WC audio recordings to SBC Midwest Telcospursuant to SBC Midwest Telcos’ required practices and procedures.
B.SBC E3WC is available to lift Slamming Protection only on:
i)SBC Illinois residential telephone numbers: intraMSA tolland/orinterMSA toll service.
ii)SBC Indiana residential telephone numbers: intraLATAtoll and/orinterLATA toll.
iii)SBC Michigan residential telephone numbers: intraLATA toll/zoneand/or interLATA toll.
iv)SBC Ohio residential telephone numbers: intraLATA toll and/or interLATA toll.
v)SBCWisconsin residential telephone numbers – intraLATA toll and/or interLATA toll.
- SBC E3WC does not:
i)Remove Slamming Protection on dial tone or local access;
ii)Remove Slamming Protection placed on a telephone number that is not an SBC Telco’s retail subscriber’s telephone number;
iii)Remove Slamming Protection on a telephone number that SBC Midwest Telcos’ records indicate is a business service of any kind. This determination will be made solely and exclusively by SBC Midwest Telcos;
iv)Accept audio recordings that are in a language other than English or Spanish, or;
v)Accept audio recordings from carriers which have not entered into an Agreement for SBC E3WC, nor remove Slamming Protection for customers who have selected a carrier that has not entered into an Agreement for SBC E3WC.
4.Form and Transmittal of SBC E3WC
A.For purposes of this Agreement, "compliant audio recording" shall meanone which;
i)is in the .wav format (that term having its common meaning in theindustry);
ii)is that of a working SBC consumer (residential) telephone service(WTN) number;
iii)corresponds to a CARE TCSI 2166 Reject Record of the same Working Telephone Number (WTN) and jurisdiction;
iv)is on an account that does not have toll restriction;
v)is audible and understandable;
vi)is of the same language as indicated by the language indicator in the request submitted;
vii)places the SBC E3WC authorization at the beginning of the audio recording;
viii)follows the standard SBC E3WC script;
ix)is submitted using only accurate verification and security information provided solely by the customer;
x)contains customer provided consent to make SBC E3WC recording available to the appropriate SBC Telco, and;
xi)contains customer provided consent to lift Slamming Protection.
B.The audio recording is to be submitted by AC to SBC Midwest Telcos as a .wav file.
C.SBC Midwest Telcos may, during the term of this Agreement, utilize a medium other than .wav for SBC E3WC, and shall have the unilateral right to modify the type of recording which is compliant upon sixty (60) days prior written notice to AC.
D.As set forth in the FCC regulations, the local exchange carrier, as executing carrier, has the sole authority to remove Slamming Protection, and to ensure that SBC Midwest Telcos’ LEC (Local Exchange Carrier) obligations are satisfied, the subscriber's authorization must be obtained through the script attached hereto as Attachment A, incorporated by reference herein (hereinafter the "Script"). AC agrees that it will use the SBC Midwest Telcos approved Script for all SBC E3WC recordings. AC is prohibited from modifying the Script for any reason. The Parties hereby acknowledge and agree that SBC Midwest Telcos may modify the Script to ensure it remains in compliance with federal or state rules or regulations regarding LEC 3-way calls to remove Slamming Protection.
In addition, and not intended to limit the foregoing, SBC Midwest Telcos reserve the right to modify the Script to facilitate efficient 3 Way Calls and procedures. SBC Midwest Telcos shall provide thirty days prior written notice of the Script modification, and shall forward a copy of the revised Script to AC with the notice, and said revised Script shall, upon SBC Midwest Telcos’ notice to AC, become a modification to Attachment A, and as of the date of the notice the new Script shall be incorporated by reference herein as if set forth originally herein. AC shall have 30 days after the notice to implement the new Script. In lieu of implementing any changes to the Script, AC may elect to terminate this Agreement without further liability and cease the use of SBC E3WC as a method of removing Slamming Protection by submitting a written termination notice provided the termination date of the Agreement is on or before the date the new Script must be implemented. Failure of the AC to provide the written termination notice or to utilize the new Script shall result in rejection of all submitted audio recordings.
E.AC may incorporate the Script within the submitted SBC E3WC audio recording of the subscriber's authorization (hereinafter “Submission”) in one of the following ways:
i)The subscriber's authorization to remove Slamming Protection is obtained within the AC's Third Party Verification recording for a carrier change. If AC electsthis option, the AC may submit the Third Party Verification ("TPV") recording for purposes of removing SlammingProtection provided the required SBC E3WC Script is at the beginning of the Script, and the Slamming Protection authorization is distinct from the carrier change verification, and it is clear to the subscriber that the removal of the Slamming Protection is distinct from the verification of the carrier change and that the subscriber's authorization to remove the Slamming Protection will beforwarded to SBC Midwest Telcos. In those cases where the AC submits its entire TPV as the Submission, SBC Midwest Telcos will listen to the first 30 seconds of the recording relative to a given subscriber. If the Script is not started within the initial 30 seconds of the recording, and according to the approved Script, SBC Midwest Telcos will not listen further to the recording, and will reject the Submission as non- compliant.
ii)The subscriber's authorization to remove SlammingProtection may be in an audio recording that is solely for the purpose of removing Slamming Protection. If AC elects this option, the audio recording will be the Script, as it may change from time to time by the SBC Midwest Telcos.
F.SBC E3WC recordings must be in English or Spanish. AC shall segregate recordings by language category so that SBC Midwest Telcos will know prior to reviewing an SBC E3WC recording which language was used.
G.The SBC E3WC Process flow and technical requirements are set forth under Attachment B, to this Agreement, incorporated by reference herein. SBC Midwest Telcos may modify the process upon 30 (thirty) day written notice to AC, and such modification shall be incorporated into the Attachment and this Agreement as of the Effective Date of the modification.
H.By accepting these recordings, AC is not relieved of the need to comply with the rules of the FCC or any state PUC (with jurisdiction) over the provisioning of the subscriber's residential telephone service.
I.The following appears here as emphasis and not in derogation, or to limit or to in anyway affect the SBC E3WC requirements which are contained under Attachment B: SBC Midwest Telcos will only accept Submissions on files which have been rejected through the CARE system with a TCSI 2166 reject record code. AC must make available a specific Submission upon request of SBC Midwest Telcos within 2 business days for a Submission that has occurred within the prior sixty (60) days, and five (5) business days for those Submissions which occurred from sixty (60) days to two (2) years prior to the request for retrieval. Each SBC Telco agrees it will only request such retrieval for legitimate business reasons, including, but not limited to, a request from a regulatory body with competent jurisdiction or a complaint by the subscriber.
J.AC shall retain and store all SBC E3WC Submissions for a period of two years from the date of the subscriber's authorization. SBC Midwest Telcos shall have no obligation to store any Submissions.
5. SBC E3WC Processing
A.Each appropriate SBC Telco will remove Slamming Protection on those residential accounts for which it has received a compliant Submission. The Slamming Protection will be removed pursuant to the process flows set forth under Attachment B. AC may resubmit through CARE the TCSI 2166 rejected carrier change record at any time after the Slamming Protection is removed. SBC Midwest Telcos shall not have any responsibility for ensuring that the carrier change order has been resubmitted.
B.SBC Midwest Telcos will “act on” the SBC E3WC recording within two (2) business days of its receipt of a Submission, with the following exceptions. In the event the number of SBC E3WC Submissions by AC in a given business day equals 1000 or more, SBC Midwest Telcos will act on all Submissions for that day within three (3) business days. In the event the number of Submissions in a given day is equal or greater than 2000, and for each 1000 Submissions increment submitted in a given day, SBC Midwest Telcos shall have an additional business day to lift the Slamming Protection for those Submissions in excess of 2000 per AC. For purposes of this Agreement, a business day is counted from midnight (12 a.m.) on day one through midnight (12 a.m.) on day two. Submissions received on non-business days will be counted as being received on the next business day. In the event Submissions from multiple AC’s result in a significant amount of total Submissions received in a compressed timeframe, SBC Midwest Telcos reserve the right to revise the “act on” timeframe and will notify the AC accordingly.
For SBC Midwest Telcos to "act on" a SBC E3WC recording means: 1) to accept the authorization contained on the SBC E3WC recording and to issue an order to lift the Slamming Protection; or 2) to reject the SBC E3WC recording. This two business days (or, as applicable additional business days as described above) standard shall be referred to in this Agreement as the Service Level Agreement (SLA). With respect to the SLA, SBC Midwest Telcos’ business days are from Monday to Friday but do not include Saturdays, Sundays or holidays. The holidays which SBC Midwest Telcos currently recognize are set forth in Attachment C. Also, by way of example, if on a non-holiday Monday morning at 6am AC sends or makes available to SBC Midwest Telcos a grouping of SBC E3WC files, SBC Midwest Telcos will have acted on the SBC E3WC files on or before midnight on that following Wednesday, assuming the number of SBC E3WC files submitted by AC on Monday was less than 1000 and that neither Tuesday nor Wednesday is a holiday. SBC Midwest Telcos shall report to AC within the time line of the SLA only as to those SBC E3WC recordings which SBC Midwest Telcos have rejected and shall inform AC the basis of each such rejection. Valid grounds for a rejection of a SBC E3WC recording include, but are not limited to those records that are not deemed as compliant audio recordings. Operational teams between SBC Midwest Telcos and the AC will follow a prescribedimplementation plan for the sending or posting of the AC submitted SBC E3WC files and the sending and receipt of the notice of acceptance/rejection of any SBC E3WC file. The implementation plan will include an understanding that the AC submitted SBC E3WC files will be sent or be made available by a certain time on every business day and that only those files sent or posted by that time will be considered as having been sent on that date.
C. In the event of force majeure, a system or other technical problem (e.g. software or network) the Parties hereby agree that SBC Midwest Telcos shall not be held to the above intervals to review the Submissions or remove Slamming Protection. SBC Midwest Telcos agree to notify AC in the event of a system or technical problem that will affect its ability to review the Submissions or remove Slamming Protection.
6. SBC E3WC Implementation
A. Upon execution of this Agreement, operational teams from SBC Midwest Telcos and AC shall establish the operational timeline for implementation of the SBC E3WC process.
B.The AC agrees to conduct a technical implementation process of the SBC E3WC process in one SBC Telco for a minimum of 15 business days in accordance with the SBC Midwest Telcos’ provided test plan. It is anticipated that over the course of the technical implementation process that the volume of SBC E3WC recordings will be gradually increased until the full forecasted daily volume can be accommodated and processed by SBC Midwest Telcos. If unforeseen problems are discovered during the technical implementation process which cannot be resolved within the 15 business day period, the technical implementation process may be extended until the problem(s) are resolved. No technical implementation process will last more than 3 months. In the event that a successful technical implementation process cannot be concluded within the 3 month timeframe, then either Party has the right to terminate this Agreement. The Parties agree that they will act in good faith to resolve any unforeseen issues and that each will assign qualified resources reasonably necessary to expeditiously address any issue raised by a Party. Upon completion of a successful technical implementation process of SBC E3WC, the Parties will implement SBC E3WC in the remaining SBC Midwest Telcos.
C.AC must provide a forecast of projected monthly volumes prior to the technical implementation process. AC shall provide updated forecasts when actual monthly volumes deviate from historical volumes or from the provided forecast by more than 20% for 3 consecutive months. SBC Midwest Telcos reserve the right to suspend this agreement if AC’s volume is less than 200 requests per monthfor 3 consecutive months, or if AC has not provided updated forecasts. Suspension is defined as AC’s agreement to no longer submit, nor to have SBC Midwest Telcos accept, files after that 3 month period until such time as AC produces new projected volumes of 200 or more per month. If AC is under suspension for 6 months, the current Agreement will terminate. AC shall exercise its best efforts to provide updated forecasts when or if for any reason it becomes aware that there will be material changes to its volumes or its forecast (e.g., sales campaign) (AC need not disclose the reason for the material change, its good faith update need only include its updated volume projections).