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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 Telcos pursuant 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 toll and/or interMSA toll service.

ii) SBC Indiana residential telephone numbers: intraLATA toll and/or interLATA toll.

iii) SBC Michigan residential telephone numbers: intraLATA toll/zone and/or interLATA toll.

iv) SBC Ohio residential telephone numbers: intraLATA toll and/or interLATA toll.

v) SBC Wisconsin residential telephone numbers – intraLATA toll and/or interLATA toll.

C. 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 mean one which;

i) is in the .wav format (that term having its common meaning in the industry);

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 elects this option, the AC may submit the Third Party Verification ("TPV") recording for purposes of removing Slamming Protection 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 be forwarded 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 Slamming Protection 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 prescribed implementation 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 month for 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).

D. A technical implementation process is considered successful if:

i) files are submitted by the AC via a FTP secured connection, and received by the appropriate SBC Telco;

ii) AC demonstrates the consistent ability to associate at least 75% of CARE TCSI 2166 reject records with the associated SBC E3WC audio recordings;

iii) files are transmitted back to the AC by SBC Midwest Telcos using a confirmation file via a FTP secured connection, and files received by AC;

iv) AC demonstrates the consistent ability to supply at least 75% of the .wav files to be audible and understandable to SBC Midwest Telcos and;

v) AC demonstrates the consistent ability to place at least 75% of audio recordings of the subscriber’s responses to the Script for securing a retail consumer subscriber’s authorization to remove Slamming Protection at the beginning of the audio recording.

E. No later than 30 days after SBC Midwest has successfully implemented SBC E3WC with the AC, AC will use SBC E3WC to remove Slamming Protection in lieu of three way calls for residential accounts except where: 1) a customer refuses to permit the SBC E3WC recording to be made or provided to SBC Midwest; 2) a customer requests that a three way call be conducted; 3) AC’s services are sold to the customer using a language other than English or Spanish; or, 4) the appropriate SBC Telco has rejected the SBC E3WC audio recording for the particular customer.

7. Termination for Cause

A. If either Party shall at any time neglect, fail, or refuse to perform under any of the material provisions of this Agreement ("material default"), then the other Party may serve in writing its intention to terminate this Agreement. The notice of termination shall specify the alleged neglect, failure or refusal and shall be served be certified mail, return receipt requested to the Party pursuant to the Notice section of this Agreement. The Party served will have thirty (30) days from the date of service to cure all defaults indicated in the notice, or shall within thirty (30) days from the date of the notice have accepted by the serving Party a plan to cure such defaults. Upon expiration of said thirty (30) days without cure or acceptance of a plan to cure as specified above, the serving Party may, at its option, elect to terminate this Agreement. The serving Party’s decision not to terminate the Agreement at the thirty (30) day period shall not be construed as a waiver of its rights, contractual or otherwise, under this Agreement, and a decision not to terminate shall not extinguish the serving Party's right to assert breach for the non-performance at a later date.

B. The right of either Party to terminate this Agreement shall not be affected by its failure to take action with respect to any previous default. A "material default" shall include, but not be limited to, the following occurrences:

i) Material defaults by AC;

a) if submitting noncompliant audio recordings equal to or exceeding 25% of total recordings submitted by AC per month for a period of 3 consecutive months, or 6 months over 12 consecutive months;

b) if slamming complaints, both formal and informal, are granted by the FCC and/or state PUC against AC for carrier changes associated with the removal of Slamming Protection through the use of a SBC E3WC recording. For purposes of this subsection, “Slamming" shall have the same meaning as contained in relevant federal and state rules and regulations.

ii) Material defaults by SBC Midwest Telcos will occur if rejecting compliant audio recordings equal to or exceeding 25% of total recordings submitted by AC per month for a period of 3 consecutive months or 6 months over 12 consecutive months.

8. General Provisions

A. Nothing in this Section 8 shall be construed to limit either Party's right to seek relief or damages allowed by law in the event of a breach of the material provisions of this Agreement.

B. This Agreement shall be for a term of one (1) year from the Effective Date of this Agreement and shall continue thereafter until terminated by either Party upon sixty (60) days advance written notice. SBC may cease accepting submissions under this Agreement on the sixty-first (61) day after the notice to AC. SBC will process all requests received through the final date of Submission, but if any Submissions are rejected under this Agreement, at such time, AC shall not have the right to resubmit. Other methods to remove Slamming Protection remain available to the subscriber after the termination of this Agreement.

C. This Agreement may be modified only by a written document signed by the Parties. No waiver of this Agreement or of any of the promises, obligations, terms, or conditions hereof shall be valid unless it is written and signed by the Party against whom the waiver is to be enforced.

D. This Agreement shall be binding upon and shall inure to the benefit of the Parties thereto, their predecessors, successors, parents, subsidiaries, affiliates, assigns, agents, directors, officers, employees, and shareholders.

E. This Agreement may be executed in identical counterparts, each of which shall constitute an original and all of which shall constitute one and the same Agreement.

F. The undersigned represents and warrants that it is authorized to execute this Agreement and to bind the Party represented thereto.

G. If any federal and/or state statutes, rules and/or regulations are promulgated and take effect which govern the subject matter of this Agreement, the Parties shall comply with those statutes, rules and/or regulations and shall be relieved of their obligations to comply with this Agreement to the extent that the terms and conditions of the Agreement are pre-empted by such statutes, rules and/or regulations.

H. Limitation of Liability

i) AC releases SBC Midwest Telcos from liability, if any, to AC or any Third Party, including, without limitation, liability for damages arising from contract or tort with respect to the subject matter herein.

ii) In no event shall SBC Midwest Telcos be liable to AC for any incidental, consequential, or special damages, including without limitation lost revenues, profits or savings, even if it has been advised of the possibility of such damages. AC waives any claim against each SBC Midwest Telco and their various affiliates for punitive or exemplary damages.

iii) AC agrees that it shall not assert in any court, regulatory agency or other forum that by virtue of SBC Midwest Telcos’ access and review of the submitted audio recording any SBC Midwest Telco is conducting Third Party Verification on AC carrier selection changes.

I. SBC Midwest Telcos and their authorized representatives may have the right to inspect and audit AC’s compliance with the terms of this Agreement once every twelve months. Upon completion of the audit, corrective action, if any, shall be initiated by AC within 30 days of the mutually agreed to resolution. In the event the Parties are unable to mutually agree upon a resolution, either Party shall have the right to terminate the Agreement as provided in Section 7A.

J. This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois.

K. The obligations of SBC Midwest Telcos are subject to force majeure and no SBC Telco shall be in default under this Agreement if any failure or delay in performance is caused by a labor strike or any other work stoppage (authorized or otherwise); accident; act of God; fire; flood; adverse weather conditions; termination or expiration of vendor contract or vendor failure; material or facility shortages or unavailability not due to the fault of any SBC Telco; war or civil disorder; or any other cause beyond the reasonable control of any SBC.

L. This Agreement shall not be assigned in part. The Parties agree that this Agreement cannot be assigned in whole without the express written consent of the other Parties. Such consent will not be unreasonably withheld or delayed, except that SBC Midwest Telcos may assign to an SBC affiliate without prior notice to the other Party. Any SBC Telco may contract its obligation hereunder to an agent. SBC Midwest Telcos shall notify the other Party of the assignment and it’s Effective Date. All obligations and duties of the assignor shall be binding on all successors in interest of such Party for the duration of this Agreement.

M. This Agreement constitutes the entire and exclusive agreement, understandings and intent of the Parties with respect to SBC E3WC, it supercedes all prior written or oral, express or implied agreements or understandings on the matter, and the Parties hereby attest that there are no oral or written representations, understandings, or agreements relating to this Agreement which are not fully expressed herein. The Parties agree that any other terms or conditions shall not be incorporated herein or be binding unless expressly agreed upon in writing by authorized representatives of the Parties.

N. Notwithstanding expiration or termination of this Agreement, the provisions of the Agreement which by their nature or context are required or intended to survive shall survive and remain in full force and effect.

O. Notices given by one Party to the other under this Agreement shall be in writing and delivered personally, sent by facsimile, express delivery service, certified mail or first class U.S. mail postage prepaid and addressed to the respective Parties (along with a courtesy copy via email) as follows:

To SBC Midwest Telcos:

Laura Strezelcyk

350 N. Orleans Flr. 3

Chicago, IL 60654

To AC:

Joe Carrisalez

5850 W. Las Positas Bl

Pleasanton, CA 94588

____________________________

____________________________

____________________________

or to such other address as either Party shall designate with proper notice to the other Party. Notices will be deemed given as of the earlier of (a) the date of actual receipt, (b) the next business day when notice is sent via express mail, personal deliver or facsimile (using the date electronically stamped on the transmission) or (c) three days after mailing in the case of first class or certified U.S. mail.

This Agreement has been entered into and effective this 30th day of September 2003 by the Parties.

SBC Midwest Telcos:

By: Laura Strezelcyk

Title: Industrial Markets , Account Manager

On behalf of: SBC Illinois, SBC Ohio, SBC Michigan, SBC Wisconsin, and SBC Indiana

AC: SBC Long Distance

By: Joe Carrizales By:______________________________

Title: Executive Director - SBCS Title: ____________________________

ATTACHMENT A

As expressly provided for under the Agreement, this is the Script required for all SBC E3WC Submissions.

Our records indicate that you are changing your service on ___ (Insert number of ANIS telephone number(s). Beginning with your area code ___ (Insert Area Code) please tell me those numbers?

For verification purposes, will you repeat your first and last name?

Are you at least 18 years old?

Are you the customer of record, which means you are the person whose name appears on the SBC local exchange company bill for this (or these) phone number(s)?

IF YES –

For security reasons, please provide me with your SSN.

IF SSN REFUSED – If you prefer, I can use the last 4 digits of your SSN.

IF CUSTOMER STILL REFUSES – Please provide me with your date of birth.

IF NO –

Are you authorized to change service for this (or these) telephone number(s)?

IF YES -

Please provide me with your SSN.

IF SSN REFUSED – If you prefer, I can use the last 4 digits of your SSN.

For security reasons, I will also need the SSN of the person whose name appears on the bill for this (or these) phone number(s).

IF THEY DON'T HAVE THE SSN: Please provide the date of birth of the person whose name appears on the bill for this (or these) phone number(s).

IF THEY DON'T HAVE THE YEAR: That's OK, I can use the Month and Day of Birth of the person whose name appears on the bill for this (or these) phone number(s).

IF THEY DON’T HAVE MONTH AND DAY OF BIRTH: Apologize and explain that the customer who is billed for this service must call back and make the change. (end)

IF NO –

Apologize and explain that the customer who is billed for this service must call back and make the change. (end)

++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

(IF CUSTOMER IS SWITCHING LOCAL TOLL CARRIERS:)

1. Are you authorizing Slamming Protection to be lifted from your local toll service if necessary to complete your order to change your local toll provider to (insert AC name)?

(PAUSE, WAIT FOR AN ANSWER)

(IF CUSTOMER IS SWITCHING LONG DISTANCE CARRIERS:)

2. Are you authorizing Slamming Protection to be lifted from your long distance service if necessary to complete your order to change your long distance service provider to (insert AC name)?

(PAUSE, WAIT FOR AN ANSWER)

3. Can a recording of this call be made available to SBC local exchange company so that they may remove Slamming Protection?

(PAUSE, WAIT FOR AN ANSWER)

This concludes our questions on Slamming Protection.

++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

ATTACHMENT B

Technical Document for implementation of the SBC E3WC process

1. Feature Group D and CARE Requirements

The following is required in order to subscribe to SBC Electronic 3-Way Call Process (SBC E3WC).

A. The Access Carrier (AC) must have Feature Group D services and have activated their Carrier Identification Code (CIC) to sell services to residential accounts. The AC must have an established CARE relationship with SBC Midwest Telcos in the states for which it will be utilizing the SBC E3WC process.

B. AC may need to change / revise their current processes in order to implement SBC E3WC.

2. Key Roles, Responsibilities, and Contacts

A. The SBC Midwest Telcos Account Manager will provide information to AC regarding the SBC E3WC process.

B. The SBC E3WC process flows specified herein are those in place as of the Effective Date of the Agreement and this Attachment. During the term of the Agreement, SBC reserves the sole right to modify the process flows, including, but not limited to, modifying Party responsibilities upon 30 (thirty) day written notice to AC.

3. SBC E3WC Process Overview

Once authorized, AC agrees that it will submit subscriber requests to remove Slamming Protection through the SBC E3WC process only on residential local accounts for which AC has submitted a PIC and/or LPIC change request pursuant to standard SBC Midwest Telcos CARE processes, and the PIC and/or LPIC change request has been rejected because the residential account has Slamming Protection on the service which is the subject of the change request. (“CARE TCSI 2166 reject record”).

A. AC records the subscribers’ authorization to remove the Slamming Protection associated with the PIC and/or LPIC change request, stored on a .wav file.

B. AC submits a request to change the PIC or the LPIC carrier pursuant to standard SBC Midwest Telcos CARE practice and procedure.

C. AC receives a CARE TCSI 2166 reject record if the carrier change is rejected due to slamming protection.

D. Upon receipt of the CARE TCSI 2166 reject record by the AC, the AC shall:

i) Compile a list of Working Telephone Numbers (WTN) of the CARE TCSI 2166 rejects;

ii) Associate CARE TCSI 2166 reject record with the associated recording;

iii) Place the audio recording of the subscriber’s authorization to remove Slamming Protection on a secure website.

E. The AC shall not submit subscriber audio authorizations in which:

i) the customer does not expressly and affirmatively authorize the removal of Slamming Protection;

ii) the Script used for the Slamming Protection removal is not the script required by SBC Midwest Telcos for the purposes of SBC E3WC, or;

iii) the subscriber’s authorization is inaudible, incoherent or in any way can be construed as not an express or unambiguous authorization to remove the Slamming Protection which is the subject of the audio recording.

F. Upon receipt of the file, SBC Midwest Telcos shall:

i) Access the secure website;

ii) Review the Submission for accuracy and compliance;

iii) Remove the Slamming Protection on those residential accounts which are compliant with the standards required under the Agreement and this document. If the subscriber wishes to reapply Slamming Protection at a later date, it is the subscriber’s responsibility to contact the local SBC Midwest telephone company directly;

iv) Send a Disposition File to the AC which will specify the disposition of each submission for each WTN (approved or disapproved).

4. Access Carrier Request (CR) File to SBC Midwest Telcos - Record Layout

A. AC must submit the CR file using the following record layout.

|Position |Format |Description |CARE Position |

|1-4 |X(4) |Carrier Identification Code |433-436 |

|5-8 |X(4) |Local Exchange Carrier Identification Code | |

|9-18 |9(10) |Working Telephone Number (WTN) |21-30 |

|19 |X(1) |Jurisdictional Indicator (Values: A=Intra/LPIC, E=Inter/PIC) |403 |

|20-25 |9(6) |Date on CARE TCSI 2166 Reject Record (Format: YYMMDD) |39-44 |

|26 |X(1) |Language Indicator (Values: E=English, S=Spanish) |387 |

|27 |X(1) |Reserved for SBC Midwest Telcos Disposition Code | |

|28-100 |X(73) |Reserved for Future Use | |

|101 |X(n) |Fully Qualified URL to Recording File | |

The CARE Position column specifies the positions where this data can be found in the CARE TCSI 2166 reject record.

B. SBC Midwest Telcos will support the use of a “B” in the Jurisdictional Indicator column. Records containing a “B” in this column will be split into separate Inter and Intra records upon receipt by SBC Midwest Telcos. Records received with a “B” in the Jurisdiction field will be written to the database as two records (one IntraLATA and one InterLATA), and will be counted as two individual records.

C. The URL field has been implemented as a variable length field to accommodate URL’s of any length. URL’s will start in column 101 and will extend to the end of the record as defined by a Carriage Return followed by a Line Feed.

The following are examples of fully qualified URL’s pointing to recording files:





Using a URL, the AC can specify not only the location of the recording but also the protocol, recording format and access method (CGI, ASP, JavaScript, etc.).

URL’s should be built so that when a user references them within a browser window, one of two things should happen. One, the URL causes the recording to be opened and played using the default media player associated with the file extension. The following is an example of such a URL:



Alternatively, the URL could cause the browser to open up a new popup window that provides a customized or embedded media player. Examples of this method can be found at and also at . If a custom or embedded player is used, it must provide simple “VCR-like” controls that allow the listener to play, pause, rewind and fast-forward through the recording.

Security of the recording files should be embedded in the URL either through the use of a secured connection (i.e. https ://) or through the passing of security tokens.

5. Access Carrier Request (CR) File to SBC Midwest Telcos – File Submission

A. AC shall submit the CR file to SBC Midwest Telcos daily (once per day) via a secure FTP connection. SBC Midwest Telcos will provide the sender with the IP and/or host name of the designated FTP server as well as an account and password.

B. The security of the submissions is paramount and at all times will be maintained. Practices, procedures and technology to maintain the security, including, but not limited to, limiting access to the FTP server and the information placed therein will be put in place.

C. For security purposes, AC must provide the following information about the computers and people who will be accessing the FTP site:

i) AC Name;

ii) The name of the individual to contact regarding Submissions (preferably the person who is responsible for managing the SBC E3WC process for AC);

iii) The contact number (e.g., voice, cellular or pager number) for the person identified under above;

iv) The postal address where the computer(s) connecting to the FTP site is located; and,

v) The IP address of the computer connecting to the FTP site. If AC elects to use a proxy server, AC must also provide the IP address of that server.

6. Carrier Request (CR) File to SBC Midwest Telcos - Naming Convention

The AC must use the following naming convention for each CR file submitted by the AC.

CRX-9999-YYYYMMDD-HHMMSS.txt

Position 1 - 3 = CRX is a constant.

Position 4 = dash

Position 5 - 8 = Carrier Identification Code

Position 9 = dash

Position 10 - 17 = YYYYMMDD is the date the file was created by the AC

Position 18 = dash

Position 19 - 24 = HHMMSS is the time the file was created by the AC.

Position 25 – 28 = .txt is constant (includes period)

7. SBC Midwest Telcos to Access Carrier File - Processing

A. SBC Midwest Telcos will process each Submission from the AC.

B. CR’s will be processed in the order they are received. Within a specific CR file, records with older CARE TCSI 2166 Reject record dates will be processed first.

C. The SBC Midwest Telcos reviewer will listen to the audio recording and will assign a disposition code to each WTN within the file.

D. At the end of each business day, SBC Midwest Telcos will create a confirmation file indicating the disposition of each request processed on that day. AC will be notified of the disposition (approved or disapproved) code of each WTN. The file will be placed on the same FTP site used to submit the CR file to SBC Midwest Telcos. The AC is responsible for retrieving the confirmation file. SBC Midwest Telcos is responsible for maintaining the FTP site and ensuring accessibility.

8. SBC Midwest Telcos to Access Carrier Request Confirmation (CRC) - File Definition

A. The confirmation file provides feedback to the AC on all CR records processed on a given day. The record layout is identical to the CR record layout except that position 27 is now populated.

For Position 19, if the original record contained a value of “B”, then two records will be returned, one record with a value of ‘A’ and one record with a value of ‘E’.

|Position |Format |Description |CARE Position |

|1-4 |X(4) |Carrier Identification Code |433-436 |

|5-8 |X(4) |Local Exchange Carrier Identification Code | |

|9-18 |9(10) |Working Telephone Number (WTN) |21-30 |

|19 |X(1) |Jurisdictional Indicator (Values: A=Intra/LPIC, E=Inter/PIC) |403 |

|20-25 |9(6) |Date on CARE TCSI 2166 Reject Record (Format: YYMMDD) |39-44 |

|26 |X(1) |Language Indicator (Values: E=English, S=Spanish) |387 |

|27 |X(1) |Disposition Code | |

|28-100 |X(73) |Reserved for Future Use | |

|101 |X(n) |Fully Qualified URL to Recording File | |

B. SBC Midwest Telcos will use the following numerical identifiers as Disposition Codes:

0=Processed (Slamming protection will be removed from the account)

1=Invalid Account (Customer is not an SBC Midwest Telcos residential customer or is otherwise out-of-scope)

2=Toll Restriction (Customer has toll restriction on the account)

3=No Slamming Protection (Slamming protection does not exist on the account)

4=Inaudible (All or part of the recording was inaudible or could not be understood)

5=Invalid Script (Standard Script was not used or Script was not started in the first 30 seconds of recording)

6=Invalid Information (Customer provided information that does not match the account. e.g. TN, SSN)

7=Customer Denied (Recording indicates Customer denied authorization to remove slamming protection or did not provide consent to make SBC E3WC recordings available to SBC Midwest Telcos.)

Duplicate requests sent by the AC will be processed based on the criteria above.

9. SBC Midwest Telcos to Access Carrier Request Confirmation (CRC)File – File Naming Convention

SBC Midwest Telcos will use the following naming convention for each CRC File:

CRC-9999-YYYYMMDD-HHMMSS.txt (dashes are to be included)

Position 1 - 3 = CRC is a constant.

Position 4 - 7 = Carrier Identification Code

Position 8 - 15 = YYYYMMDD is the date the file was created by SBC Midwest Telcos

Position 15 - 21 = HHMMSS is the time the file was created by SBC Midwest Telcos

Position 22 – 25 = .txt is constant (includes period)

ATTACHMENT C

Listing of holidays observed by SBC Midwest Telcos

The following listing shows the SBC Midwest Telcos holidays for calendar year 2003. Similar holidays are expected for future years. SBC Midwest Telcos shall notify AC of any additions or deletions from this listing for future years.

2003 Authorized Holidays

|New Year's Day * |

|Memorial Day |

|Independence Day * |

|Labor Day |

|Thanksgiving Day |

|Day After Thanksgiving |

|Christmas Day * |

* When the holiday falls on a Saturday, the authorized company holiday is observed on the Friday preceding the holiday. When the holiday falls on a Sunday, the authorized company holiday is observed on the Monday following the holiday.

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[1] Patent Pending.

[2] Slamming Protection may be removed by residential subscribers in four other ways: (1) written correspondence from the subscriber; (2) oral authorization from the subscriber received via telephone to an SBC representative; (3) a live three-way call between the subscriber, the subscriber’s new carrier and an SBC representative; or, (4) a call by the subscriber to the SBC Voice Response Unit ("VRU") for residential subscribers. The preceding four options continue to be available to customers; nothing in this Agreement modifies or eliminates any of those four methods of lifting Slamming Protection.

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