Wireless Unbundled Dedicated Transport (UDT)
Bona Fide Request Process
6.1 Overview 2
6.2 Request Process 2
6.2.1 BFR Denial 3
6.2.2 Preliminary Analysis of the BFR 3
6.3 Written Authorization Response from WSP 3
6.3.1 WSP Continues Beyond the BFR Quote 5
6.4 Developing the BFR Quote 5
6.5 Brief Description of Type 1 & Type 2 Prices 5
6.5.1Type 1 BFR Prices 6
6.5.2 Type 2 BFR Prices 7
6.1 Overview
A Bona Fide Request (BFR) is a process, in which a Wireless Service Provider (WSP) can utilize to request Wireless Unbundled Dedicated transport (UDT )scenarios, that are not currently provided in the Wireless UNE Appendix. This BFR process is to be utilized only for Wireless UDT as so ordered per the TRO. SBC-12STATE, SBC CONNECTICUT 12State uses the BFR process to determine technical feasibility the provisioning of Unbundled Network Elements e.g., UDT. For those items found to be technically feasible, the BFR process is used to provide the terms and timetable for providing the requested items.
6.2 Request Process
The request for a Wireless UDT scenario that is not in the WSP's UNE Appendix must be made in writing using the BFR application to the WSP's Account Manager.
For a copy of the BFR application, refer to the BFR Application Form.
The letter must provide the following information:
• Technical description and quantity of each requested Network Element
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· • A description of how the Network Element will be utilized
SBC-12STATE, SBC CONNECTICUTpromptly considers and analyzes each new BFR request it receives from a WSP for access to an Unbundled Network Element. Within ten (10) business days of its receipt, SBC-12STATE, SBC CONNECTICUT acknowledges receipt of the BFR and in such acknowledgment, advises the WSP of any missing information needed to process the BFR. Thereafter, SBC-12STATE, SBC CONNECTICUT promptly advises the WSP of the need for any additional information that will facilitate the analysis of the BFR.
6.2.1 BFR Denial
Within thirty (30) business days of its receipt of the complete and accurate BFR, SBC-12STATE, SBC CONNECTICUT will notify the WSP if the request is denied. The reason for denial will accompany the notification. Reasons could include:
• BFR is not technically feasible
• BFR does not qualify as an Unbundled Network Element available to WSPs
6.2.2 Preliminary Analysis of the BFR
Except under extraordinary circumstances, within thirty (30) calendar days of its receipt of the BFR and all information necessary to process it, SBC-12STATE, SBC CONNECTICUT provides to the WSP a preliminary analysis of the BFR.
The preliminary analysis will include:
• A high level of the price to provision the request
· •
6.3 Written Authorization Response from WSP
Written Authorization Response from WSP
If the Preliminary Analysis indicates that SBC** will offer the BFR, WSP may, at its discretion provide written authorization for SBC** to develop the request and prepare a BFR Final Quote The BFR Final Quote shall as applicable, include
§ The first date of availability
§ Installation Intervals
§ Applicable Rates (recurring and nonrecurring and other)
§ BFR Development and processing costs and
§ Terms and condition by which the request will be granted
WSP’s written authorization to develop the BFR Final Quote must be received by SBC** within (30) thirty calendar days of WSP’s receipt of the Preliminary Analysis. If no authorization to proceed is received within such thirty (30) calendar day period, The BFR will be deemed canceled and WSP will pay all demonstrable costs incurred to that point. Any request by WSP for SBC to proceed with a BFR received after the thirty (30) calendar day window will require WSP to submit a new BFR.
WSP Decides Not to Continue
Within thirty (30) calendar days of its receipt of the BFR Final Quote, WSP must either
(1) confirm its order pursuant to the BFR Quote
(2) Cancel its BFR and reimburse SBC*** for its costs incurred up to the date of cancellation, or
(3) If it believes the BFR Final Quote is inconsistent with the requirements of the Act and/or the Interconnection Agreement, exercise its rights under Section 10 of the GTC.
If SBC*** does not receive notice of any of the above within such thirty (30) calendar day period, the BFR shall be deemed canceled. WSP shall be responsible to reimburse SBC*** for its costs incurred up to the date of cancellation (whether affirmatively cancelled or deemed cancelled by WSP)
WSP will pay SBC all demonstrable prices incurred to that point. Any request to proceed after thirty (30) calendar days will require submission of a new BFR.
6.3.1 WSP Continues Beyond the BFR Quote
If the WSP decides to continue beyond the development of the BFR Quote, the price paid for developing the BFR Quote, which was paid by the WSP, is credited to the WSP. The payment is made upon provisioning the requested Interconnection or Network Element.
Written authorization to proceed must be received by SBC-12STATE, SBC CONNECTICUT within thirty (30) business days of the WSP's receipt of the preliminary analysis. If no confirmation to proceed is received, the BFR will be deemed canceled and the WSP will pay SBC-12STATE, SBC CONNECTICUT all demonstrable prices incurred to that point. Any request to proceed after thirty (30) business days will require submission of a new BFR.
6.4 Developing the BFR Quote
Unless otherwise provided in the Interconnection Agreement, if the requested BFR is deemed technically feasible, SBC provides the WSP with the following information as soon as reasonably possible (but not more than 90 calendar days after SBC receives the signed written authorization from the WSP):
· Complete product description
· BFR development & processing costs
§ Applicable rates (recurring, nonrecurring and other)
· Installation intervals
· Terms and Conditions
6.5 Brief Description of Type 1 & Type 2 Prices
There are two kinds of prices:
• Type 1 Prices include BFR development prices, recurring prices, and nonrecurring prices. Prices of this type are used predominately when demand does not cover the development prices.
• Type 2 Prices include recurring prices and nonrecurring prices of the BFR.
The choice between applying Type 1 Prices or Type 2 Prices is made at the sole discretion of SBC-12STATE, SBC CONNECTICUT.
The following sections describe different kinds of prices for BFR.
6.5.1Type 1 BFR Prices
If SBC-12STATE, SBC CONNECTICUT used Type 1 Prices in its BFR Quote, the WSP must do one of the following:
•Agree to pay the development prices of the Interconnection or Network Element
•Cancel its BFR
If SBC-12STATE, SBC CONNECTICUT used Type 1 Prices in its BFR Quote and the WSP accepted the quote, the WSP may cancel the BFR at any time, provided that the WSP pays SBC-12STATE, SBC CONNECTICUT reasonably incurred development costs of the BFR up to the date of cancellation of the BFR by the WSP.
If SBC-12STATE, SBC CONNECTICUT used Type 1 Prices in its BFR Quote and SBC-12STATE, SBC CONNECTICUT later determines that the Interconnection or Network Element requested in the BFR Quote is not technically feasible or otherwise does not qualify under the Act, SBC-12STATE, SBC CONNECTICUT notifies the WSP within 10 business days of making such determination. In such instances, the WSP does not owe any compensation to SBC-12STATE, SBC CONNECTICUT in connection with the BFR. In addition, SBC-12STATE, SBC CONNECTICUT refunds to the WSP any development costs already paid by WSP in connection with the BFR up to that point.
If SBC-12STATE, SBC CONNECTICUT used Type 1 Prices in its BFR Quote and the WSP agrees to pay the development prices and WSP requests SBC-12STATE, SBC CONNECTICUT to proceed:
•SBC-12STATE, SBC CONNECTICUT additionally charges those development prices on a prorated basis (as set forth in c below) to the next nine parties who place an initial order after the WSP for the BFR.
•As each additional party places its initial order for the BFR, SBC-12STATE, SBC CONNECTICUT refunds the appropriate prorated portion of the development prices to parties who have previously paid development prices.
The charges and refunds are made using the proration chart set forth in the 'Proration Chart For Type 1 BFR Project Prices' below except that the period of proration for charges and refunds shall be 36 months from when SBC-12STATE, SBC CONNECTICUT first makes the BFR available.
1st / 100% / NA / NA
2nd / 50% / 50% / 1st Part
3rd / 33.33% / 16.67% / 1st & 2nd parties
4th / 25.00% / 8.33% / 1st - 3rd parties
5th / 20.00% / 5.00% / 1st - 4th parties
6th / 16.67% / 3.33% / 1st - 5th parties
7th / 14.29% / 2.38% / 1st - 6th parties
8th / 12.50% / 1.79% / 1st -7th parties
9th / 11.11% / 1.39% / 1st - 8th parties
10th / 10.00% / 1.11% / 1st - 9th parties
11th and beyond / 00.0%
6.5.2 Type 2 BFR Prices
If SBC-12STATE, SBC CONNECTICUT used Type 2 prices in its BFR Quote, the WSP must do one of the following:
• Indicate its non-binding interest in purchasing the elements at the stated quantities and rates
• Cancel its BFR
Dispute Resolution Process
If a party believes that the other Party is not requesting, negotiating or processing a BFR in good faith and/or as required by the Act, or if a Party disputes a determination, or price or cost quote, such Party may seek relief pursuant to the Dispute Resolution Process set forward in the General Terms and Conditions section of this agreement.
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