Attachment A Mandatory Data Collection (rev. 081514)

ATTACHMENT A
Mandatory Data Collection1
I. DEFINITIONS
The following definitions apply for purposes of this collection only. They are not intended to set or
modify precedent outside the context of this collection.
Affiliated Company means a company, partnership, corporation, limited liability company, or other
business entity that is affiliated with an entity that provides and/or purchases Dedicated Service. Two
entities are affiliated if one of them, or an entity that controls one of them, directly or indirectly holds a
greater than 10 percent ownership interest in, or controls, the other one.
Best Efforts Business Broadband Internet Access Service means a best efforts Internet access data service
with a minimum advertised bandwidth connection of at least 1.5 megabits per second (Mbps) in both
directions (upstream/downstream) that is marketed to enterprise customers (including small, medium, and
large businesses). For purposes of this data collection, Best Efforts Business Broadband Internet Access
Services do not include mobile wireless services, as that term is used in the 16th Annual Mobile Wireless
Competition Report.2
Circuit-Based Dedicated Service (CBDS) means a Dedicated Service that is circuit-based. Examples of
CBDS include time-division multiplexing-based, DS1 and DS3 services.
Competitive Provider means a competitive local exchange carrier (CLEC), interexchange carrier, cable
operator, wireless provider or any other entity that is subject to the Commission’s jurisdiction under the
Communications Act of 1934, as amended, and either provides a Dedicated Service or provides a
Connection over which a Dedicated Service could be provided. A Competitive Provider does not include
an ILEC operating within its incumbent service territory.
Connection means a wired “line” or wireless “channel” that provides a dedicated communication path
between a Location and the first Node on a Provider’s network. Multiple dedicated communication paths
serving one or more End Users at the same Location should be counted as a single Connection. A
Connection may be a UNE, including an Unbundled Copper Loop if modified to provide a Dedicated
Service. A Connection must have the capability of being used to provide one or more Dedicated Services;
however, a Connection can be used to provide other services as well. For example, a dedicated
communication path that is currently being used to provide a mass market broadband service but has the
capability to provide a Dedicated Service is considered a Connection for the purpose of this data
collection.
Contract-Based Tariff means a Tariff, other than a Tariff Plan, that is based on a service contract entered
into between a customer and an ILEC which has obtained permission to offer contract-based tariff
services pursuant to 47 C.F.R. § 69.701 et seq. of the Commission’s pricing flexibility rules or a
comparable tariffed intrastate service contract between a customer and an ILEC.

1

The instructions included in Appendix A and the accompanying Report and Order (DA 13-1909) provide
additional information on how to respond to these questions.

2

See Implementation of Section 6002(b) of the Omnibus Budget Reconciliation Act of 1993, Annual Report and
Analysis of Competitive Market Conditions with Respect to Mobile Wireless, Including Commercial Mobile
Services, WT Docket No. 11-186, Sixteenth Report, 28 FCC Rcd 3700, 3729-30, paras. 3-5 (2013).

Dedicated Service transports data between two or more designated points, e.g., between an End User’s
premises and a point-of-presence, between the central office of a local exchange carrier (LEC) and a
point-of-presence, or between two End User premises, at a rate of at least 1.5 Mbps in both directions
(upstream/downstream) with prescribed performance requirements that include bandwidth-, latency-, or
error-rate guarantees or other parameters that define delivery under a Tariff or in a service-level
agreement. Dedicated Service includes, but is not limited to, CBDS and PBDS. For the purpose of this
data collection, Dedicated Service does not include “best effort” services, e.g., mass market broadband
services such as DSL and cable modem broadband access.
Disconnection means the process by which a Provider, per a customer request, terminates billing on one
or more of a customer’s Dedicated Service circuits.
DS1 and DS3, except where specified, refer to DS1s and DS3s that are not UNEs.3 DS1s and DS3s are
Dedicated Services.
End User means a business, institutional, or government entity that purchases a communications service
for its own purposes and does not resell such service. A mobile wireless service provider is considered an
End User when it purchases communications services to make connections within its own network, e.g.,
backhaul to a cell site.
End User Channel Termination means, as defined in 47 C.F.R. § 69.703(a)(2), a dedicated channel
connecting a LEC end office and a customer premises, offered for purposes of carrying special access
traffic.
Incumbent Local Exchange Carrier (ILEC) means, for the purpose of this data collection, a LEC that
provides a Dedicated Service in study areas where it is subject to price cap regulation under sections
61.41-61.49 of the Commission’s rules, 47 C.F.R. §§ 64.41-61.49.
Indefeasible Right of Use (IRU) means an indefeasible long-term leasehold interest for a minimum total
duration of ten years that gives the grantee the right to access and exclusively use specified strands of
fiber or allocated bandwidth to provide a service as determined by the grantee.4 An IRU confers on the
grantee substantially all of the risks and rewards of ownership. IRUs typically include the following
elements: (i) payment of a substantial fee up front to enter into the IRU contract;5 (ii) conveyance of tax
obligations commensurate with the risks and rewards of ownership to the grantee (e.g. as opposed to the
lesser tax burdens associated with other forms of leases); (iii) terms for payment to the grantor for
ancillary services, such as maintenance fees; (iv) all additional rights and interests necessary to enable the
IRU to be used by the grantee in the manner agreed to; and (v) no unreasonable limit on the right of the
grantee to use the asset as it wishes (e.g., the grantee shall be permitted to splice into the IRU fiber,
though such splice points must be mutually agreed upon by grantor and the grantee of the IRU).

3

See 47 U.S.C. § 251; see also 47 C.F.R. §§ 51.5 (defining network element), 51.319 (outlining specific unbundling
requirements).
4

The ten year duration is measured at the time a grantee entered into the IRU agreement.

5

To enter into an IRU contract, grantees are usually required to pay the total amount due under the terms of that
contract. However, some IRU contracts require a smaller initial payment, with installment payments throughout the
duration of the contract. At a minimum, a grantee typically pays at least 25 percent of the total amount due under
the IRU contract upfront (excluding operations and maintenance fees), with commitments to make regularly
scheduled installment payments, to qualify as an IRU. See Michael J. Lichtenstein & Charles A. Rohe, The
Treatment of IRUs in Bankruptcy Proceedings, 11 J. Bankr. L. & Prac. 83, 86 (2001).

Data Collection – Page 2

Location means a building, other man-made structure, a cell site on a building, a free-standing cell site, or
a cell site on some other man-made structure where the End User is connected. A Node is not a Location.
For the purposes of this data collection, cell sites are to be treated as Locations and not as Nodes.
Metropolitan Statistical Area (MSA) is a geographic area as defined by 47 C.F.R. §§ 22.909(a),
69.703(b).
Node is an aggregation point, a branch point, or a point of interconnection on a Provider’s network,
including a point of interconnection to other Provider networks. Examples include LEC central offices,
remote terminal locations, splice points (including, for example, at manholes), controlled environmental
vaults, cable system headends, cable modem termination system (CMTS) locations, and facility hubs.
Non-MSA is the portion of an ILEC’s study area that falls outside the boundaries of an MSA.6
Non-Rate Benefit means a benefit to the customer other than a discount on the One Month Term Only
Rate, e.g., a credit towards penalties or non-recurring charges or the ability to move circuits without
incurring a penalty.
One Month Term Only Rate means, for purposes of this data collection, the non-discounted monthly
recurring tariffed rate for DS1, DS3 and/or PBDS services.
Packet-Based Dedicated Service (PBDS) means a Dedicated Service that is packet-based. Examples of
PBDS include Multi-Protocol Label Switched (MPLS) services; permanent virtual circuits, virtual private
lines and similar services; ATM and Frame Relay service; (Gigabit) Ethernet Services and Metro Ethernet
Virtual Connections; and Virtual Private Networks (VPN). PBDS includes those categories of packetbased and optical transmission services for which the Commission has granted forbearance relief from
dominant carrier regulation.7
Phase I Pricing Flexibility means regulatory relief for the pricing of End User Channel Terminations
pursuant to 47 C.F.R. §§ 69.711(b), 69.727(a) of the Commission’s rules.
Phase II Pricing Flexibility means regulatory relief for the pricing of End User Channel Terminations
pursuant to 47 C.F.R. §§ 69.711(c), 69.727(b) of the Commission’s rules.

6

See 47 C.F.R. § 69.707(b).

7

See Petition of the Verizon Telephone Companies for Forbearance under 47 U.S.C. § 160(c) from Title II and
Computer Inquiry Rules with Respect to Their Broadband Services, WC Docket No. 04-440 (filed Dec. 20, 2004);
Letter from Edward Shakin, Vice President and Associate General Counsel, Verizon, to Marlene H. Dortch,
Secretary, FCC, WC Docket. No. 04-440, at 2-3 (filed Feb. 7, 2006); FCC News Release, Verizon Telephone
Companies’ Petition for Forbearance from Title II and Computer Inquiry Rules with Respect to their Broadband
Services Is Granted by Operation of Law (rel. Mar. 20, 2006); Petition of AT&T Inc. for Forbearance Under 47
U.S.C. § 160(c) from Title II and Computer Inquiry Rules with Respect to Its Broadband Services, Petition of
BellSouth Corporation for Forbearance Under Section 47 U.S.C. § 160(c) from Title II and Computer Inquiry Rules
with Respect to Its Broadband Services, Memorandum Opinion and Order, 22 FCC Rcd 18705 (2007); Petition of
the Embarq Local Operating Companies for Forbearance Under 47 U.S.C. § 160(c) from Application of Computer
Inquiry and Certain Title II Common-Carriage Requirements, et al., Memorandum Opinion and Order, 22 FCC Rcd
19478 (2007); Qwest Petition for Forbearance Under 47 U.S.C. § 160(c) from Title II and Computer Inquiry Rules
with Respect to Broadband Services, Memorandum Opinion and Order, 23 FCC Rcd 12260 (2008).

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Prior Purchase-Based Commitment means a type of Volume Commitment where the commitment is based
on either:
(i)
a certain percentage or number of the customer’s purchased in-service circuits or lines as
measured at the time of making the Volume Commitment or measured during a period of
time prior to making the Volume Commitment, e.g., based on the customer’s billing
records for the current month or prior month(s); or
(ii)
a certain percentage or dollar amount of Revenues generated by the customer’s purchases
as measured at the time of making the Volume Commitment or during a period of time
prior to making the Volume Commitment.
Providers collectively refers to both ILECs and Competitive Providers.
Purchasers means Competitive Providers and End Users that are subject to the Commission’s jurisdiction
under the Communications Act of 1934, as amended, and that purchased Dedicated Services of $5 million
or more in 2013 in areas where the ILEC is subject to price cap regulation.
Revenues means intrastate and interstate billed amounts without any allowance for uncollectibles,
commissions or settlements.
Tariff means an intrastate or interstate schedule of rates and regulations filed by common carriers. This
term includes both Tariff Plans and Contract-Based Tariffs.
Tariff Plan means a Tariff, other than a Contract-Based Tariff, that provides a customer with either a
discount from any One Month Term Only Rate for the purchase of DS1 and/or DS3 services or a Non-Rate
Benefit that could be applied to these services.
Term Commitment means a commitment to purchase a Dedicated Service for a period of time, greater
than a month, in exchange for a circuit-specific discount and/or a Non-Rate Benefit.
Transport Service means a dedicated circuit that connects a designated Competitive Provider’s premises
to the wire center that serves the Competitive Provider’s customer. Such an arrangement may or may not
include channel mileage. See 47 C.F.R. § 69.709(a).
Transport Provider means a Provider that supplies Transport Service.
Unbundled Copper Loop means a copper wire local loop provided by ILECs to requesting
telecommunications carriers on a non-discriminatory basis pursuant to 47 C.F.R. § 51.319(a)(1) that can
be used by a Competitive Provider to provide a Dedicated Service, e.g., Ethernet over Copper. An
Unbundled Copper Loop is typically a 2- or 4- wire loop that the ILEC has conditioned to remove
intervening equipment such as bridge taps, load coils, repeaters, low pass filters, range extenders, etc.
between a Location and the serving wire center to allow for the provision of advanced digital services by
a Competitive Provider. These loops are commonly referred to as dry copper, bare copper, or xDSLcompatible loops. An Unbundled Copper Loop is a type of UNE.
Unbundled Network Element (UNE) means a local loop provided by an ILEC to a requesting
telecommunications carrier on a non-discriminatory basis pursuant to 47 C.F.R. § 51.319(a).

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Upgrade means that a customer transitions one or more circuits to a higher capacity circuit.
Volume Commitment means a commitment to purchase a specified volume, e.g., a certain number of
circuits or Revenues, to receive a discount on Dedicated Services and/or a Non-Rate Benefit.

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II. MANDATORY DATA COLLECTION QUESTIONS
A. Competitive Providers must respond to the following:8
II.A.1. Indicate whether you are an Affiliated Company. If you are an Affiliated Company, you must
identify the entities that provide and/or purchase Dedicated Service with which you have an affiliation
(name/FRN).
II.A.2. Do you (i) own a Connection; (ii) lease a Connection from another entity under an IRU
agreement; or (iii) obtain a Connection as a UNE from an ILEC to provide a Dedicated Service?
□ Yes □ No
a. If yes, are any of these Connections to a Location within an area where the ILEC is
subject to price cap regulation or within an area where the Commission has granted Phase I
or Phase II Pricing Flexibility?
□ Yes □ No
If you answered “no” to question II.A.2 or II.A.2.a, then you are not required to respond to the remaining
questions in II.A or the questions in II.D.
Facilities Information
II.A.3. Provide the total number of Locations to which you had a Connection during 2013 where your
company: (i) owned the Connection; (ii) leased the Connection from another entity under an IRU
agreement; or (iii) obtained the Connection as a UNE from an ILEC in the form of DS1s, DS3s, or
Unbundled Copper Loops to provide a Dedicated Service.
II.A.4. Provide the information requested below for each Location to which your company had a
Connection during 2013 that you: (i) owned; (ii) leased from another entity under an IRU agreement; or
(iii) obtained as a UNE from an ILEC to provide a Dedicated Service.
a. A unique ID for the Location;
b. The actual situs address for the Location (i.e., land where the building or cell site is
located);
c. The geocode for the Location (i.e., latitude and longitude) if kept in the normal course of
business, otherwise providing this information is optional;
d. The Location type (e.g., building, other man-made structure, cell site in or on a building,
free-standing cell site, or a cell site on some other man-made structure like a water tower,
billboard, etc.);
e. Whether the Connection provided to the location uses facilities leased from another entity
under an IRU or obtained as a DS1/DS3 UNE or Unbundled Copper Loop, and in each
case, the name of the lessor of the majority of the fiber strands and/or copper loop;
f. Whether any of the Connection to the Location was provided using fiber;
g. The total sold bandwidth of the Connection provided by you to the Location in Mbps;
h. The total bandwidth to the Location sold directly by you to an End User;
i. The total sold fixed wireless bandwidth provided by you to the Location; and
j. The total bandwidth sold by you to any cell sites at the Location.
k. The total bandwidth provided to you or an Affiliated Company for internal use.

8

As discussed in more detail in the instructions, Competitive Providers are not required to answer question subparts
denoted as “Optional” but can provide information in response to such question subparts on a voluntary basis.

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II.A.5. Provide a map showing the fiber routes that you (a) own or (b) lease pursuant to an IRU
agreement that constitute your network, including the fiber Connections to Locations. In addition,
include the locations of all Nodes used to interconnect with third party networks, and the year that each
Node went live.9
II.A.6. We will provide you with a selected list of the Locations you reported in response to question
II.A.4. For each identified Location, state the month and year that you first provided a Connection to that
Location, whether you originally supplied the Location over a UNE, and if so, when (if at all) you
switched to using a Connection that you own or lease as an IRU. If the Location was first served by your
Connection on or before January 2008, and the date the Location was first served is unknown, then enter
00/0000.
II.A.7. For each ILEC wire center where your company is collocated, provide the actual situs address,
the geocode, and the CLLI code.
II.A.8. Explain your business rule(s) used to determine whether to build a Connection to a particular
Location. Provide underlying assumptions.
a. Describe the business rules and other factors that determine where you build your
Connections. Examples of such rules/factors are minimum Term Commitments or
minimum capacity commitments by the buyer; maximum build distances from the
building to your core network; and/or number of competitors in the area. Include, also,
any factors that would prevent you from building a Connection to an otherwise suitable
Location. These could be factors that are under your control or those that are not.
b. Explain how, if at all, business density is incorporated into your business rule, and if so,
how you measure business density.
c. In areas where your business rule has been most successful, explain why. Provide
examples of geographic regions (if any) where you generally were or are able to
successfully deploy Connections, and where you generally have experienced or currently
experience serious difficulties in deploying Connections, and, if you are able to provide
examples of both kind of regions, indicate what distinguishes these different regions.
II.A.9. Provide the following information:
a. The current situs address of your U.S. headquarters (i.e., the address of the land where the
headquarters is located);
b. The year that this site became your headquarters;
c. Year established and situs address for any prior U.S. headquarters’ location for your
company, going as far back as 1995, if different from the headquarters’ location listed in
response to question II.A.9.a;
d. Going as far back as 1995, the date of acquisition and the situs address for the U.S.
headquarters location of any entity that owned, or leased under an IRU agreement,
Connections to five or more Locations in any MSA at the time you acquired the entity in a
merger where you or your subsidiary was the surviving entity.
e. The name of any Affiliated Company that owned, or leased under an IRU agreement,
Connections to five or more Locations in any MSA at the time you became affiliated with
9

For additional details on the requirements applicable to cable companies and other Competitive Providers, see the
instructions. For example, cable companies in their local franchise areas are only required to provide maps showing
their transport fiber network and not the feeder fiber links that connect the Location to their transport network. In
addition, cable companies are only required to report headend Nodes that they have upgraded to provide metro
Ethernet service, or its functional equivalent.

Data Collection – Page 7

f.

the Affiliated Company, going as far back as 1995.
For each Affiliated Company listed in response to question II.A.9.e, provide:
i. The year of affiliation;
ii. The situs address for each Affiliated Company’s U.S. headquarters at the time of
affiliation;
iii. The year that the Affiliated Company established the situs address listed in response
to question II.A.9.f.i for its U.S. headquarters; and
iv. The year established and situs address for any prior U.S. headquarters’ location
designated by the Affiliated Company, going as far back as 1995 or the year of
affiliation, whichever is most recent, if different from the headquarters’ location
listed in response to question II.A.9.f.i.

II.A.10. Provide data, maps, information, marketing materials, and/or documents identifying those
geographic areas where you, or an Affiliated Company, advertised or marketed Dedicated Service over
existing facilities, via leased facilities, or by building out new facilities as of December 31, 2013, or
planned to advertise or market such services within twenty-four months of those dates.
II.A.11. Identify the five most recent Requests for Proposals (RFPs) for which you were selected as the
winning bidder to provide each of the following: (a) Dedicated Services; (b) Best Efforts Business
Broadband Internet Access Services; and, to the extent different from (a) or (b), (c) some other form of
high-capacity data services to business customers.10 (The following remaining parts of this question are
optional.) In addition, identify the five largest RFPs (by number of connections) for which you submitted
an unsuccessful competitive bid in 2013 for each of (a) Dedicated Services; (b) Best Efforts Business
Broadband Internet Access Services; and, to the extent different from (a) or (b), (c) some other form of
high-capacity data services to business customers.11 For each RFP identified, provide a description of the
RFP, the area covered, the price offered, and other competitively relevant information. Lastly, identify
the business rules you rely upon to determine whether to submit a bid in response to an RFP.
Billing Information
II.A.12. For all Dedicated Services provided using transmission paths that you (i) own; (ii) lease from
another entity under an IRU agreement; or (iii) obtain as a UNE from an ILEC to provide a Dedicated
Service, submit the following information by circuit element by circuit billed for each month from
January 1 to December 31 for the year 2013.
a. The closing date of the monthly billing cycle in mm/dd/yyyy format;
b. The name and six-digit 499-A Filer ID of the customer, where applicable, or other unique
ID if customer does not have a 499-A Filer ID;
c. The Location ID from question II.A.4.a that is used to link the circuit elements to the
terminating Location of the circuit (where applicable);
d. The circuit ID common to all elements purchased in common for a particular circuit;
e. The type of circuit (PBDS, or DS1 or DS3, etc.) and its bandwidth;
f. A unique billing code for the circuit element (see question II.A.14);
g. The number of units billed for this circuit element (note that the bandwidth of the circuit
must not be entered here);
10

To be clear, we expect Competitive Providers that have won RFPs in each service category to identify up to five
RFPs in each category, not a total of five RFPs across the three categories.
11

To be clear, we expect Competitive Providers that have submitted unsuccessful competitive bids for RFPs in each
service category to identify up to five RFPs in each category, not a total of five RFPs across the three categories.

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iii. Channel termination, local distribution channel, special access line, customer port
connection (Ethernet) (a transmission path between a customer designated location
and the associated wire center);
iv. Clear channel capability (not shown) (an arrangement which allows a customer to
transport, for example, 1.536 Mbps of information on a 1.544 Mbps line rate with no
constraint on the quantity or sequence of one and zero bits);
v. Cross-connection (not shown) (semi-permanent switching between facilities,
sometimes combined with multiplexing/demultiplexing);
vi. Multiplexing (not shown) (channelizing a facility into individual services requiring a
lower capacity or bandwidth); and
vii. Class of service and/or committed information rate (not shown) (for Ethernet, the
performance characteristics of the network and bandwidth available for a customer
port connection).
c. If none of the possible entries describes the circuit element, enter a short description.
Revenues, Terms and Conditions Information
II.A.15. What were your Revenues from the sale of CBDS in 2013? Report Revenues in total, separately
by DS1, DS3, and other CBDS sales, and separately by customer category, i.e., sales to Providers and End
Users.
II.A.16. What were your Revenues from the sale of PBDS in 2013? Report Revenues in total, separately
by customer category, i.e., sales to Providers and End Users. If kept in the normal course of business also
report revenues separately by bandwidth for the following categories, otherwise providing this
information is optional:
a.
b.
c.
d.
e.

less than or equal to 1.5 Mbps;
greater than 1.5, but less than or equal to 50 Mbps;
greater than 50, but less than or equal to 100 Mbps;
greater than 100, but less than or equal to 1 Gbps; and
greater than 1 Gbps.

II.A.17. What percentage of your Revenues from the sale of DS1, DS3, and PBDS services in 2013 were
generated from an agreement or Tariff that contains a Prior Purchase-Based Commitment?
II.A.18. If you offer Dedicated Services pursuant to an agreement or Tariff that contains either a Prior
Purchase-Based Commitment or a Non-Rate Benefit, then explain how, if at all, those sales are
distinguishable from similarly structured ILEC sales of DS1s, DS3s, and/or PBDS.
II.A.19. Provide the business justification for the Term or Volume Commitments associated with any
Tariff or agreement you offer or have in effect with a customer for the sale of Dedicated Services.
B. ILECs must respond to the following:12
II.B.1. Indicate whether you are an Affiliated Company. If you are an Affiliated Company, you must
identify the entities that provide and/or purchase Dedicated Service with which you have an affiliation
12

As discussed in more detail in the instructions, ILECs are not required to answer question subparts denoted as
“Optional” but can provide information in response to such question subparts on a voluntary basis.

Data Collection – Page 10

(name/FRN).
Facilities Information
II.B.2. Provide the total number of Locations to which you provided a Connection in your company’s
study areas during 2013 where your company: (i) owned the Connection; or (ii) leased the Connection
from another entity under an IRU agreement.
II.B.3. Provide the information requested below for each Location to which your company had a
Connection during 2013 that you (i) owned or (ii) leased from another entity under an IRU agreement:
a. A unique ID for the Location;
b. The actual situs address for the Location (i.e., land where the building or cell site is
located);
c. The geocode for the Location (i.e., latitude and longitude) if kept in the normal course of
business, otherwise providing this information is optional;
d. The Location type (e.g., building, other man-made structure, cell site in or on a building,
free-standing cell site, or a cell site on some other man-made structure like a water tower,
billboard, etc.);
e. Whether any of the Connection to the Location was provided using fiber;
f. The total sold bandwidth of the Connection provided by you to the Location in Mbps;
g. The total bandwidth to the Location sold by you as UNEs in the form of DS1s and/or
DS3s;
h. The total bandwidth to the Location sold directly by you to an End User;
i. The total sold fixed wireless bandwidth provided by you to the Location; and
j. The total bandwidth sold by you to any cell sites at the Location.
Billing Information
II.B.4. For all Dedicated Services provided using transmission paths that you (i) own or (ii) lease from
another entity under an IRU agreement, submit the following information by circuit element by circuit
billed for each month from January 1 to December 31 for the year 2013.
a. The closing date of the monthly billing cycle in mm/dd/yyyy format;
b. The name and six-digit 499A Filer ID of the customer, where applicable, or other unique
ID if customer does not have a 499A Filer ID;
c. The Location ID from question II.B.3.a that is used to link the circuit elements to the
terminating Location of the circuit (where applicable);
d. The circuit ID common to all elements purchased in common for a particular circuit;
e. The type of circuit, (DS1 sold as a UNE, DS3 sold as a UNE, PBDS, non-UNE DS1s or
DS3s, etc.) and the bandwidth of the circuit;
f. The serving wire center / mileage rating point Common Language Location Identification
(CLLI) of one end of the circuit (MRP1);
g. The serving wire center / mileage rating point CLLI of the other end of the circuit
(MRP2);
h. The latitude of MRP1;
i. The longitude of MRP1;
j. The latitude of MRP2;
k. The longitude of MRP2;
l. End of the circuit (1=MRP1 or 2=MRP2) associated with this circuit element;
m. The billing code for the circuit element (see question II.B.6);

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n. The density pricing zone for the circuit element;13
o. The number of units billed for this circuit element (note that the bandwidth of the circuit
must not be entered here);
p. The dollar amount of non-recurring charges billed for the first unit of this circuit element;
q. The dollar amount of non-recurring charges billed for additional units of this circuit
element (if different from the amount billed for the initial unit);
r. The monthly recurring dollar charge for the first unit of the circuit element billed;
s. The monthly recurring dollar charge for additional units (if different from the amount
billed for the initial unit);
t. Per unit charge for the circuit element;
u. The total monthly dollar amount billed for the circuit element;
v. The Term Commitment associated with this circuit in months;
w. Indicate whether this circuit element is associated with a circuit that contributes to a
Volume Commitment;
x. Indicate whether this circuit element was purchased pursuant to a Contract-Based Tariff;
and
y. The adjustment ID (or multiple adjustment IDs) linking this circuit element to the unique
out-of-cycle billing adjustments in question II.B.5.a (below) if applicable.
II.B.5. For each adjustment, rebate, or true-up for billed Dedicated Services, provide the information
requested below.
a. A unique ID for the billing adjustment or true-up (see question II.B.4.y above);
b. A unique ID number for the contract or Tariff from which the adjustment originates;
c. The beginning date of the time period covered by the adjustment or true-up;
d. The ending date of the time period covered by the adjustment or true-up;
e. The scope of the billing adjustment, i.e., whether the adjustment applies to a single circuit
element on a single circuit, more than one circuit element on a single circuit, more than
one circuit element across multiple circuits, or an overall adjustment that applies to every
circuit element on every circuit purchased by the customer;
f. The dollar amount of the adjustment or true-up;
g. Whether the adjustment is associated with a Term Commitment, and if so, the length of
the term specified in the contract or Tariff necessary to achieve the rebate;
h. Whether the adjustment is associated with a Volume Commitment, and if so, the number
of circuits and/or dollar amount specified in the contract or Tariff necessary to achieve
the rebate; and
i. If the adjustment is for some other reason, a brief description of the reason for the
adjustment.
II.B.6. For each unique billing code, please provide the following information below.
a. The billing code for the circuit element;
b. The phrase that best describes the circuit element from the list. Names of some common
rate elements are shown on the generalized circuit diagram below:

13

See 47 C.F.R. § 69.123 (density pricing zones for special access and switched transport).

Data Collection – Page 12

a.
b.
c.
d.
e.

less than or equal to 1.5 Mbps;
greater than 1.5, but less than or equal to 50 Mbps;
greater than 50, but less than or equal to 100 Mbps;
greater than 100, but less than or equal to 1 gigabyte per second (Gbps); and
greater than 1 Gbps.

II.B.10. What were your Revenues from the One Month Term Only Rate charged for DS1, DS3, and/or
PBDS services in 2013? Report Revenues in total, separately by DS1, DS3, and PBDS sales as applicable,
and separately by customer category, i.e., sales to Competitive Providers and End Users.
II.B.11. How many customers were purchasing DS1, DS3, and/or PBDS services pursuant to your One
Month Term Only Rates as of December 31, 2013? Report customer numbers in total, separately for DS1,
DS3, and PBDS services as applicable, and separately by customer category, i.e., the number of DS1,
DS3, and PBDS service customers that were Competitive Providers and End Users.
II.B.12. Separately list all Tariff Plans and Contract-Based Tariffs that can be applied to the purchase of
DS1, DS3 and/or PBDS services and provide the information requested below for each plan.
a. This plan is a:
□ Tariff Plan

□ Contract-Based Tariff (select one)

b. Plan name:
c. Tariff and Section Number(s):


d. This plan contains:
□ Term Commitment(s) □ Volume Commitment(s)
□ Non-Rate Benefit option(s) (select all that apply)
e. If the plan contains options for Non-Rate Benefits, explain the available Non-Rate
Benefits.
f.

This plan can be applied to the purchase of:
□ DS1 services □ DS3 services □ PBDS

□ Other (select all that apply)

g. In what geographic areas is this plan available, e.g., nationwide or certain MSAs?
i.

Is plan available in □MSAs, □Non-MSAs, or □ both types of areas?

ii. If plan is available in Non-MSAs, indicate the states where the Non-MSA areas are
located?
h. To receive a discount or Non-Rate Benefit under this plan, must the customer make a
Prior Purchase-Based Commitment?
□ Yes □ No
i.

Do purchases of DS1 or DS3 services in areas outside of the study area(s) where you are
subject to price cap regulation (e.g., purchases from an Affiliated Company that is a
CLEC) count towards meeting any Volume Commitment to receive a discount or NonRate Benefit under this plan?
□ Yes □ No □ N/A (no Volume Commitment)

j.

Do DS1 or DS3 purchases in areas where you are subject to price cap regulation and
where pricing flexibility has not been granted count towards meeting any Volume
Commitment to receive a discount or Non-Rate Benefit under this plan?
Data Collection – Page 14

□

Yes

□

No

□

N/A (no Volume Commitment)

k. Do DS1 or DS3 purchases in areas where you have been granted Phase I Pricing
Flexibility count towards meeting any Volume Commitment to receive a discount or NonRate Benefit under this plan?
□ Yes □ No □ N/A (no Volume Commitment)
l. Do DS1 or DS3 purchases in areas where you have been granted Phase II Pricing
Flexibility count towards meeting any Volume Commitment to receive a discount or NonRate Benefit under this plan?
□ Yes □ No □ N/A (no Volume Commitment)
m. Do non-tariffed PBDS purchases by the customer count towards meeting any Volume
Commitment to receive a discount or Non-Rate Benefit under this plan?
□ Yes □ No □ N/A (no Volume Commitment)
n. Do tariffed PBDS purchases by the customer count towards meeting any Volume
Commitment to receive a discount or Non-Rate Benefit under this plan?
□ Yes □ No □ N/A (no Volume Commitment)
o. Do purchases by the customer for services other than DS1s, DS3s, and PBDS count
towards meeting any Volume Commitment to receive a discount or Non-Rate Benefit
under this plan?
□ Yes □ No □ N/A (no Volume Commitment)
p. Is the discount or Non-Rate Benefit available under this plan conditioned on the customer
limiting its purchase of UNEs, e.g., customer must keep its purchase of UNEs below a
certain percentage of the customer’s total spend?
□ Yes □ No
q. What were your Revenues from the provision of Dedicated Service under this plan in
2013?
r.

What is the business justification for any Term or Volume Commitments associated with
this plan?

s. How many customers were subscribed to this plan as of December 31, 2013? Report
customer numbers in total, separately for DS1, DS3, and PBDS services as applicable,
and separately by customer category, i.e., the number of DS1, DS3, and/or PBDS
customers that were Competitive Providers and End Users.
i.

If there were five or fewer customers subscribed to this plan as of December 31,
2013, indicate the number of subscribers to this plan that were new customers (as
opposed to an existing or prior customer) at the time they subscribed to this plan.

ii. For those subscribers to this plan that were existing or prior customers at the time
they committed to purchasing services under this plan, explain how the purchase
commitment made under this plan compares to the customer’s previous purchase
commitment. For example, indicate what percentage of the previous purchase
commitment, the new purchase commitment equals.
t.

Of those customers subscribed as of December 31, 2013, how many in 2013 failed to
meet any Volume Commitment or Term Commitment required to retain a discount or NonRate Benefit they originally agreed to when entering into this plan?

Data Collection – Page 15

II.B.13. Indicate whether you have any non-tariffed agreement with an End User or Competitive
Provider that, directly or indirectly, provides a discount or a Non-Rate Benefit on the purchase of tariffed
DS1s, DS3s, and/or PBDS, restricts the ability of the End User or Competitive Provider to obtain UNEs,
or negatively affects the ability of the End User or Competitive Provider to purchase Dedicated Services.
If so, identify each agreement, including the parties to the agreements, the effective date, end date, and a
summary of the relevant provisions.

C. Certain Entities that provide Best Efforts Business Broadband Internet Access Services must
respond to the following:
II.C.1. If you provide Best Efforts Business Broadband Internet Access Services to 15,000 or more
customers or 1,500 or more business broadband customers in areas where the ILEC is subject to price
cap regulation, then answer the following questions:
a. Did you submit data in connection with the State Broadband Initiative (SBI) Grant
Program for 2013?
□ Yes □ No
If you answered “no” to questions II.C.1.a, then you do not need to answer any further
questions in this section.
b. Did the data you submitted in connection with the SBI Grant Program in 2013
accurately and completely identify the areas in which you offered Best Efforts
Business Broadband Internet Access Services and exclude those areas where you did
not offer such services as of December 31, 2013?
□ Yes □ No
i.

If yes, then provide the list of prices for those Best Efforts Business Broadband
Internet Access Services that you were marketing in each census block submitted
in connection with the SBI Grant Program as of December 31, 2013. If there is a
price variation within your service footprint, indicate which prices are associated
with which census blocks.
ii. If no, then provide a list of all the census blocks in which you offered Best
Efforts Business Broadband Internet Access Services as of December 31, 2013,
and a list of the prices for those Best Efforts Business Broadband Internet Access
Services that you were marketing in each census block as of December 31, 2013.
If there is a price variation within your service footprint, indicate which prices
are associated with which census blocks.
i.

D. All Providers must respond to the following:
II.D.1. Describe your company’s short term and long-range promotional and advertising strategies and
objectives for winning new – or retaining current – customers for Dedicated Services. In your
description, please describe the size (e.g., companies with 500 employees or less, etc.), geographic scope
(e.g., national, southeast, Chicago, etc.), and type of customers your company targets or plans to target
through these strategies.
II.D.2. Identify where your company’s policies are recorded on the following Dedicated Service-related
Data Collection – Page 16

processes: (a) initiation of service; (b) service Upgrades; and (c) service Disconnections. For instance,
identify where your company records recurring and non-recurring charges associated with the processes
listed above. If recorded in a Tariff, provide the specific Tariff section(s). If these policies are recorded
in documents other than Tariffs, list those documents and state whether they are publicly available. If
they are publicly available, explain how to find them. For documents that are not publicly available, state
whether they are conveyed to customers orally or in writing.
E. Purchasers that are mobile wireless service providers must respond to the following:14
II.E.1. How many cell sites do you have on your network?
II.E.2. Provide the information requested below for each cell site on your network as of December 31,
2013.
a. A unique ID for the cell site;
b. The actual situs address of the cell site (i.e., land where the cell site is located) if the cell
site is located in or on a building;
c. The geocode for the cell site (i.e., latitude and longitude);
d. The CLLI code of the incumbent LEC wire center that serves the cell site, where
applicable and if kept in the normal course of business;
e. Whether the cell site is in or on a building, is a free-standing cell site, or is on some other
type of man-made structure, e.g., a water tower, billboard, etc.;
f. If the cell site is served by a CBDS, indicate the equivalent number of DS1s used;
g. If the cell site is served by a PBDS, indicate the total bandwidth of the circuit or circuits
in Mbps;
h. If the cell site is served by a wireless Connection, indicate the total bandwidth of the
circuit or circuits in Mbps;
i. The name of the Provider(s) that supplies your Connection to the cell site; and
j. If you self-provide a Connection to the cell site, the provisioned bandwidth of that selfprovided Connection.
Expenditures Information
II.E.3. What were your expenditures, i.e., dollar volume of purchases, on Dedicated Services for 2013?
Report expenditures in total, separately for CBDS and PBDS purchases, and separately for purchases from
ILECs and Competitive Providers.
II.E.4. (Optional) Provide your company’s expenditures, i.e., dollar volume of purchases, for DS1s,
DS3s, and/or PBDS purchased from ILECs pursuant to a Tariff in 2013. For each of the following
categories, report expenditures in total and separately for DS1s, DS3s and PBDS:
a. All DS1s, DS3s, and PBDS;
b. DS1s, DS3s, and PBDS purchased at One Month Term Only Rates;
c. DS1s, DS3s, and PBDS purchased under Tariff Plans;
d. DS1s, DS3s, and PBDS purchased under Contract-Based Tariffs;
e. DS1s, DS3s, and PBDS purchased under Tariff Plans that contained a Term Commitment
14

As discussed more fully in the instructions, Purchasers that are mobile wireless service providers are only
required to answer Questions II.E.1-3, II.E.12, and II.E.15. For the remaining questions in this section, the
respondent can provide responses on a voluntary basis and questions are denoted herein as “Optional.”

Data Collection – Page 17

f.

but not a Volume Commitment;
DS1s, DS3s, and PBDS purchased under Tariff Plans that contained a Prior PurchaseBased Commitment;
i. Of the total (and for the separate DS1, DS3, and PBDS totals where applicable),
indicate the average discount from the One Month Term Only Rate incorporated in
the expenditures.
For purposes of calculating the percentages described above, an example would be a
Tariff Plan that requires a purchase of 20 DS1s and 10 DS3s and generates expenditures
of $2,000 for calendar-year 2013. If those same circuits were purchased at One Month
Term Only Rates of $100 per DS1 and $200 per DS3, then total expenditures would
instead be $4,000. Since the Tariff Plan under this scenario generated 50% of the
expenditures that would be generated from One Month Term Only Rates, the discount
would be 50%.

g. DS1s, DS3s, and PBDS purchased under Contract-Based Tariffs that contained a Term
Commitment but not a Volume Commitment; and
h. DS1s, DS3s, and PBDS purchased under Contract-Based Tariffs that contained a Prior
Purchase-Based Commitment;
i. Of the total (and for the separate DS1 and DS3 totals if available), indicate the
average discount from the One Month Term Only Rate incorporated in the
expenditures.
An example of how to calculate this percentage can be found at question II.E.4.f.i.
i.

What percentage of your expenditures in 2013 were subject to a Term Commitment of
five or more years?

II.E.5. (Optional) What were your expenditures, i.e., dollar volume of purchases, on DS1s, DS3s, and/or
PBDS purchased from Competitive Providers pursuant to a Tariff in 2013? Report expenditures in total
and separately for DS1s, DS3s and PBDS, as applicable, for the following categories:
a. All DS1s, DS3s, and PBDS;
b. DS1s, DS3s, and PBDS purchased at One Month Term Only Rates;
c. DS1s, DS3s, and PBDS purchased under Tariffs that contained a Term Commitment but
not a Volume Commitment;
d. DS1s, DS3s, and PBDS purchased under Tariffs that contained a Prior Purchase-Based
Commitment;
i. Of the total (and for the separate DS1, DS3, and PBDS totals where applicable),
indicate the average discount from the One Month Term Only Rate incorporated in
the expenditures.
An example of how to calculate this percentage can be found at question II.E.4.f.i
e. What percentage of your expenditures in 2013 were subject to a Term Commitment of
five or more years?
II.E.6. (Optional) What were your expenditures, i.e., dollar volume of purchases, on DS1s, DS3s, and/or
PBDS purchased from ILECs and Competitive Providers pursuant to an agreement (not a Tariff) in 2013?
Report expenditures in total, separately for purchases from ILECs and Competitive Providers, and
separately for DS1s, DS3s and PBDS, as applicable, for the following categories:
a. All DS1s, DS3s, and PBDS;
b. DS1s, DS3s, and PBDS purchased at a non-discounted rate;
c. DS1s, DS3s, and PBDS purchased under a non-tariffed agreement that contained a Term
Data Collection – Page 18

Commitment but not a Volume Commitment;
d. DS1s, DS3s, and PBDS purchased under a non-tariffed agreement that contained a Prior
Purchase-Based Commitment;
i. Of the total (and for the separate DS1, DS3, and PBDS totals where applicable),
indicate the average discount from the non-discounted rate incorporated in the
expenditures.
An example of how to calculate this percentage can be found at question II.E.4.f.i
II.E.7. (Optional) What were your expenditures with ILECs and Competitive Providers, i.e., dollar
volume of purchases, on PBDS purchased under a Tariff in 2013?
a. Separately report purchases for the following service bandwidth categories if you keep
such information in the normal course of business:
i. less than or equal to 1.5 Mbps;
ii. greater than 1.5, but less than or equal to 50 Mbps;
iii. greater than 50, but less than or equal to 100 Mbps;
iv. greater than 100, but less than or equal to 1 Gbps; or
v. greater than 1 Gbps.
II.E.8. (Optional) What were your expenditures with ILECs and Competitive Providers, i.e., dollar
volume of purchases, on non-tariffed PBDS in 2013?
a. Separately report purchases for the following service bandwidth categories if you keep
such information in the normal course of business:
i. less than or equal to 1.5 Mbps;
ii. greater than 1.5, but less than or equal to 50 Mbps;
iii. greater than 50, but less than or equal to 100 Mbps;
iv. greater than 100, but less than or equal to 1 Gbps; or
v. greater than 1 Gbps.
Terms and Conditions Information
II.E.9. (Optional) Explain whether the terms and conditions of any Tariff or contract to which you are a
party for the purchase of Dedicated Services or the policies of any of your Providers constrain your
ability to:
a. Decrease your purchases from your current Provider(s);
b. Purchase services from another Provider currently operating in the geographic areas in
which you purchase services;
c. Purchase non-tariffed services, such as Ethernet services, from your current Provider of
tariffed DS1, DS3, and/or PBDS services or from other Providers operating in the
geographic areas in which you purchase tariffed services;
d. Contract with Providers that are considering entering the geographic areas in which you
purchase tariffed services;
e. Move circuits, for example, moving your DS1 and/or DS3 End-User Channel
Terminations to connect to another Transport Provider; or
f. Otherwise obtain Dedicated Services or change Providers.
Relevant terms and conditions, among others, may include: (a) early termination penalties; (b) shortfall
provisions; (c) overlapping/supplemental discounts plans with different termination dates; (d)
requirements to include all services, including new facilities, under a Tariff Plan or Contract-Based
Data Collection – Page 19

Tariff; or (e) requiring purchases in multiple geographic areas to obtain maximum discounts.
In your answer, highlight contracts where you contend that a term or condition is a particularly onerous
constraint by comparison with more typical provisions in other contracts. Also, at a minimum, list: (a)
the Provider and indicate whether the Provider is an ILEC or a Competitive Provider; (b) a description of
the term or condition; (c) the geographic area in which the services are provided; (d) the name of the
vendor providing the service; and (e) where relevant, the specific Tariff number(s) and section(s), or if the
policy at issue is recorded in documents other than Tariffs, list those documents and how you obtained
them.
If you allege that a term, condition, or Provider’s policy negatively affects your ability to obtain
Dedicated Services, state whether you have brought a complaint to the Commission, a state commission
or court about this issue and the outcome. If you have not brought a complaint, explain why not.
II.E.10. (Optional) If you purchase, or purchased, Transport Service and End User Channel Terminations
from the same Provider, explain your experience with changing Transport Service from one Provider to
another between January 1 and December 31, 2013 while keeping your End User Channel Terminations
with the original Provider. Where appropriate, identify the Provider(s) in your responses below and
indicate whether they are an ILEC or a Competitive Provider.
a. How many times did you change Transport Service while keeping your End User
Channel Terminations with the original Provider? An estimate of the number of circuits
moved to a new Transport Provider, or the number of such changes requested, is
sufficient.
b. What was the length of time, on average, it took for the original Provider to complete the
process of connecting your last-mile End-user Channel Terminations to another
Transport Provider? An estimate is sufficient.
c. Were you given the opportunity to negotiate the amount of time it would take to complete
the process of connecting your End User Channel Terminations to another Transport
Provider on a case-by-case basis? In answering this question, also describe and provide
citations to the ILEC’s or Competitive Provider’s policies, rules or, where relevant, Tariff
provisions, if known, explaining the transition process.
d. How did connecting to a new Transport Provider impact the rate you paid for the End
User Channel Terminations you continued to purchase from the original Provider?
e. Did connecting to a new Transport Provider typically impact the rate you continued to
pay for Transport Service from the original Provider while the change in Transport
Providers remained pending? If so, how? What was the average percentage change in
rates? For example, did you ever pay a One Month Term Only Rate during that time?
II.E.11. (Optional) Describe any circumstances since January 1, 2013, in which you have purchased
circuits pursuant to a Tariff, solely for the purpose of meeting a Prior Purchase-Based Commitment
required for a discount or Non-Rate Benefit from your Provider (i.e., you would not have purchased the
circuit but for the requirement that you meet a Volume Commitment required for a discount or Non-Rate
Benefit from your Provider). In your description, provide at least one example, which at a minimum,
lists:
a. The name of the Provider providing the circuits at issue;
b. A description of the Prior Purchase-Based Commitment;
c. The Tariff and section number(s) of the specific terms and conditions described;
d. The number of circuits you would not have purchased but for the Prior Purchase-Based
Commitment requirement to receive a discount or Non-Rate Benefit;
i. Of the circuits reported in II.E.11.d, how many did you not use at all?
Data Collection – Page 20

e. A comparison of the dollar amount of the unnecessary circuit(s) purchased versus the
dollar amount of penalties your company would have had to pay under the Prior
Purchase-Based Commitment had it not purchased and/or maintained the circuit(s), and a
description of how that comparison was calculated.
f. How many circuits were activated under the identified Tariff plan and not used when you
initially entered into the plan? What were these unused circuits as a percent of the total
circuits currently purchased under this Tariff plan? Indicate the percent of the total
circuits currently purchased under this Tariff plan that exceed your Prior Purchase-Based
Commitment.
g. For the Prior Purchase-Based Commitment, indicate whether you are able to buy any
DS1s or DS3s from the Provider outside of the identified Tariff plan, or are you required
to make all purchases from the Provider pursuant to the identified Tariff plan?
II.E.12. For each year for the past five years, state the number of times and in what geographic area(s)
you have switched from purchasing End-User Channel Terminations from one Provider of Dedicated
Services to another.
II.E.13. (Optional) Explain the circumstances since January 1, 2013 under which you have paid One
Month Term Only Rates for DS1, DS3, and/or PBDS services and the impact, if any, it had on your
business and your customers. In your response, indicate any general rules you follow, if any, concerning
the maximum number of circuits and maximum amount of time you will pay One Month Term Only
Rates, and your business rationale for any such rules.
II.E.14. (Optional) Separately list all Tariffs under which your company purchases DS1s, DS3s, and/or
PBDS and provide the information requested below for each plan.
a. This plan is a:
□ Tariff Plan

□

Contract-Based Tariff (select one)

b. Plan name:
c. Provider name:
d. Tariff and Section Number(s):
e. Tariff type:
□ Interstate
f.


□

Intrastate

This plan contains:
□ Term Commitment(s) □ Volume Commitment(s)
□ Non-Rate Benefit option(s) (select all that apply)

g. If the plan contains Non-Rate Benefits, identify the Non-Rate Benefits that were relevant
to your decision to purchase services under this plan.
h. This plan can be applied to the purchase of:
□ DS1 services □ DS3 services □ PBDS

□ Other (select all that apply)

i.

In what geographic areas do you purchase DS1s, DS3s, and/or PBDS under this plan, e.g.,
nationwide, certain states, or certain MSAs?

j.

To receive a discount or Non-Rate Benefit under this plan, does your company make a
Prior Purchase-Based Commitment?
□ Yes □ No
Data Collection – Page 21

k. If this is an ILEC plan, do DS1, DS3, or tariffed PBDS purchases your company makes
outside the study area(s) of the ILEC (e.g., purchases from an Affiliated Company of the
ILEC that is providing out-of-region service as a CLEC) count towards meeting any
Volume Commitment to receive a discount or Non-Rate Benefit under this plan?
□ Yes □ No □ N/A (no Volume Commitment, not an ILEC plan)
i.

If you answered yes, in what geographic areas outside the study area(s) of the ILEC,
do you purchase these DS1s, DS3s and/or tariffed PBDS?

ii. For each geographic area identified, state whether your company would have
purchased from a different Provider, if at all, had it not been for the discounts or
Non-Rate Benefits received under this plan? In your response, indicate whether the
Provider that you would have purchased from has Connections serving that
geographic area and the Provider’s name.
l.

If this is an ILEC plan, do DS1, DS3, and/or tariffed PBDS purchases your company
makes from the ILEC in price cap areas where the Commission has not granted the ILEC
pricing flexibility count towards meeting any Volume Commitment to receive a discount
or Non-Rate Benefit under this plan?
□ Yes □ No □ N/A (no Volume Commitment, not an ILEC plan)
i.

If you answered yes, then identify the price cap areas where you purchase DS1s,
DS3s, and/or tariffed PBDS that count towards meeting any Volume Commitment to
receive a discount or Non-Rate Benefit under this plan?

m. If this is an ILEC plan, do DS1, DS3 and/or tariffed PBDS purchases your company
makes from the ILEC in areas where the Commission has granted Phase I Pricing
Flexibility count towards meeting any Volume Commitment to receive a discount or NonRate Benefit under this plan?
□ Yes □ No □ N/A (no Volume Commitment, not an ILEC plan)
i.

If you answered yes, in what geographic areas subject to pricing flexibility do you
purchase DS1s, DS3s, and/or tariffed PBDS that count towards meeting any Volume
Commitment to receive a discount or Non-Rate Benefit under this plan?

ii. For each geographic area identified, state whether your company would have
purchased from a different Provider, if at all, had it not been for the requirements of
the Tariff Plan? In your response, indicate whether the Provider that you would have
purchased from has Connections serving that geographic area and the Provider’s
name.
n. If this is an ILEC plan, do DS1, DS3 and/or tariffed PBDS purchases your company
makes from the ILEC in areas where the Commission has granted Phase II Pricing
Flexibility count towards meeting any Volume Commitment to receive a discount or NonRate Benefit under this plan?
□ Yes □ No □ N/A (no Volume Commitment, not an ILEC plan)
i.

If you answered yes, in what geographic areas subject to pricing flexibility do you
purchase DS1s, DS3s, and/or tariffed PBDS that count towards meeting any Volume
Commitment to receive a discount or Non-Rate Benefit under this plan?

ii. For each geographic area identified, state whether your company would have
purchased from a different Provider, if at all, had it not been for the requirements of
the Tariff Plan? In your response, indicate whether the Provider that you would have
purchased from has Connections serving that geographic area and the Provider’s
Data Collection – Page 22

name.
o. If this is an ILEC plan, do non-tariffed PBDS purchases your company makes from this
ILEC count towards meeting any Volume Commitment to receive a discount or Non-Rate
Benefit under this plan?

□

Yes □ No □ N/A (no Volume Commitment, not an ILEC plan)

i.

If you answered yes, in what geographic areas do you purchase non-tariffed PBDS
that counts towards meeting any Volume Commitment to receive a discount or NonRate Benefit under this plan.

ii. For each geographic area identified, state whether your company would have
purchased non-tariffed PBDS from a different Provider, if at all, had it not been for
the requirements of the plan? In your response, indicate whether the Provider that
you would have purchased from has Connections serving that geographic area and
the Provider’s name.
p. If this is an ILEC plan, do purchases you make for services other than DS1s, DS3s, and
PBDS from this ILEC count towards meeting any Volume Commitment to receive a
discount or Non-Rate Benefit under this plan?
□ Yes □ No □ N/A (no Volume Commitment, not an ILEC plan)
i.

If you answered yes, identify the other services purchased and the geographic areas
where you purchase these services that count towards meeting any Volume
Commitment to receive a discount or Non-Rate Benefit under this plan.

ii. For each geographic area identified, state whether your company would have
purchased those other services from a different Provider, had it not been for the
requirements of the plan? In your response, indicate whether the Provider that you
would have purchased from has Connections serving that geographic area and the
Provider’s name.
q. Is the discount or Non-Rate Benefit available under this plan conditioned on the customer
limiting its purchase of UNEs, e.g., the customer must keep its purchase of UNEs below a
certain percentage of the customer’s total spend? If yes, then provide additional details
about the condition.
II.E.15. Indicate whether you have any non-tariffed agreement with an ILEC that, directly or indirectly,
provides a discount or a Non-Rate Benefit on the purchase of tariffed DS1, DS3, and/or PBDS services,
restricts your ability to obtain UNEs, or negatively affects your ability to purchase Dedicated Services. If
so, identify each agreement, including the parties to the agreement, the effective date, end date, and a
summary of the relevant provisions.
F. Purchasers that are not mobile wireless service providers must respond to the following:15
II.F.1. What is the principal nature of your business, e.g., are you a CLEC, cable system operator, fixed
wireless service provider, wireless Internet service provider, interconnected VoIP service provider, etc.?
15

As discussed more fully in the instructions, Purchasers that are not mobile wireless service providers are only
required to answer Questions II.F.1-2, II.F.11, and II.F.14. For the remaining questions in this section, the
respondent can provide responses on a voluntary basis and questions are denoted herein as “Optional.”

Data Collection – Page 23

Expenditures Information
II.F.2. What were your expenditures, i.e., dollar volume of purchases, on Dedicated Services for 2013?
Report expenditures in total, separately for CBDS and PBDS purchases, and separately for purchases from
ILECs and Competitive Providers.
II.F.3. (Optional) Provide your company’s expenditures, i.e., dollar volume of purchases, for DS1s,
DS3s, and/or PBDS purchased from ILECs pursuant to a Tariff in 2013. For each of the following
categories, report expenditures in total and separately for DS1s, DS3s and PBDS:
a. All DS1s, DS3s, and PBDS;
b. DS1s, DS3s, and PBDS purchased at One Month Term Only Rates;
c. DS1s, DS3s, and PBDS purchased under Tariff Plans;
d. DS1s, DS3s, and PBDS purchased under Contract-Based Tariffs;
e. DS1s, DS3s, and PBDS purchased under Tariff Plans that contained a Term Commitment
but not a Volume Commitment;
f. DS1s, DS3s, and PBDS purchased under Tariff Plans that contained a Prior PurchaseBased Commitment;
i. Of the total (and for the separate DS1, DS3, and PBDS totals where applicable),
indicate the average discount from the One Month Term Only Rate incorporated in
the expenditures.
For purposes of calculating the percentages described above, an example would be a
Tariff Plan that requires a purchase of 20 DS1s and 10 DS3s and generates expenditures
of $2,000 for calendar-year 2013. If those same circuits were purchased at One Month
Term Only Rates of $100 per DS1 and $200 per DS3, then total expenditures would
instead be $4,000. Since the Tariff Plan under this scenario generated 50% of the
expenditures that would be generated from One Month Term Only Rates, the discount
would be 50%.
g. DS1s, DS3s, and PBDS purchased under Contract-Based Tariffs that contained a Term
Commitment but not a Volume Commitment; and
h. DS1s, DS3s, and PBDS purchased under Contract-Based Tariffs that contained a Prior
Purchase-Based Commitment;
i. Of the total (and for the separate DS1 and DS3 totals if available), indicate the
average discount from the One Month Term Only Rate incorporated in the
expenditures.
An example of how to calculate this percentage can be found at question II.F.3.f.i.
i.

What percentage of your expenditures in 2013 were subject to a Term Commitment of
five or more years?

II.F.4. (Optional) What were your expenditures, i.e., dollar volume of purchases, on DS1s, DS3s, and/or
PBDS purchased from Competitive Providers pursuant to a Tariff in 2013? Report expenditures in total
and separately for DS1s, DS3s and PBDS, as applicable, for the following categories:
a. All DS1s, DS3s, and PBDS;
b. DS1s, DS3s, and PBDS purchased at One Month Term Only Rates;
c. DS1s, DS3s, and PBDS purchased under Tariffs that contained a Term Commitment but
not a Volume Commitment;
d. DS1s, DS3s, and PBDS purchased under Tariffs that contained a Prior Purchase-Based
Commitment;
i. Of the total (and for the separate DS1, DS3, and PBDS totals where applicable),
Data Collection – Page 24

indicate the average discount from the One Month Term Only Rate incorporated in
the expenditures.
An example of how to calculate this percentage can be found at question II.F.3.f.i
e. What percentage of your expenditures in 2013 were subject to a Term Commitment of
five or more years?
II.F.5. (Optional) What were your expenditures, i.e., dollar volume of purchases, on DS1s, DS3s, and/or
PBDS purchased from ILECs and Competitive Providers pursuant to an agreement (not a Tariff) in 2013?
Report expenditures in total, separately for purchases from ILECs and Competitive Providers, and
separately for DS1s, DS3s and PBDS, as applicable, for the following categories:
a. All DS1s, DS3s, and PBDS;
b. DS1s, DS3s, and PBDS purchased at a non-discounted rate;
c. DS1s, DS3s, and PBDS purchased under a non-tariffed agreement that contained a Term
Commitment but not a Volume Commitment;
d. DS1s, DS3s, and PBDS purchased under a non-tariffed agreement that contained a Prior
Purchase-Based Commitment;
i. Of the total (and for the separate DS1, DS3, and PBDS totals where applicable),
indicate the average discount from the non-discounted rate incorporated in the
expenditures.
An example of how to calculate this percentage can be found at question II.F.3.f.i
II.F.6. (Optional) What were your expenditures with ILECs and Competitive Providers, i.e., dollar
volume of purchases, on PBDS purchased under a Tariff in 2013?
a. Separately report purchases for the following service bandwidth categories if you keep
such information in the normal course of business:
i. less than or equal to 1.5 Mbps;
ii. greater than 1.5, but less than or equal to 50 Mbps;
iii. greater than 50, but less than or equal to 100 Mbps;
iv. greater than 100, but less than or equal to 1 Gbps; or
v. greater than 1 Gbps.
II.F.7. (Optional) What were your expenditures with ILECs and Competitive Providers, i.e., dollar
volume of purchases, on non-tariffed PBDS in 2013?
a. Separately report purchases for the following service bandwidth categories if you keep
such information in the normal course of business:
i. less than or equal to 1.5 Mbps;
ii. greater than 1.5, but less than or equal to 50 Mbps;
iii. greater than 50, but less than or equal to 100 Mbps;
iv. greater than 100, but less than or equal to 1 Gbps; or
v. greater than 1 Gbps.
Terms and Conditions Information
II.F.8. (Optional) Explain whether the terms and conditions of any Tariff or contract to which you are a
party for the purchase of Dedicated Services or the policies of any of your Providers constrain your
ability to:
a. Decrease your purchases from your current Provider(s);
b. Purchase services from another Provider currently operating in the geographic areas in
which you purchase services;
Data Collection – Page 25

c. Purchase non-tariffed services, such as Ethernet services, from your current Provider of
tariffed DS1, DS3, and/or PBDS services or from other Providers operating in the
geographic areas in which you purchase tariffed services;
d. Contract with Providers that are considering entering the geographic areas in which you
purchase tariffed services;
e. Move circuits, for example, moving your DS1 and/or DS3 End-User Channel
Terminations to connect to another Transport Provider; or
f. Otherwise obtain Dedicated Services or change Providers.
Relevant terms and conditions, among others, may include: (a) early termination penalties; (b) shortfall
provisions; (c) overlapping/supplemental discounts plans with different termination dates; (d)
requirements to include all services, including new facilities, under a Tariff Plan or Contract-Based
Tariff; or (e) requiring purchases in multiple geographic areas to obtain maximum discounts.
In your answer, highlight contracts where you contend that a term or condition is a particularly onerous
constraint by comparison with more typical provisions in other contracts. Also, at a minimum, list: (a)
the Provider and indicate whether the Provider is an ILEC or a Competitive Provider; (b) a description of
the term or condition; (c) the geographic area in which the services are provided; (d) the name of the
vendor providing the service; and (e) where relevant, the specific Tariff number(s) and section(s), or if the
policy at issue is recorded in documents other than Tariffs, list those documents and how you obtained
them.
If you allege that a term, condition, or Provider’s policy negatively affects your ability to obtain
Dedicated Services, state whether you have brought a complaint to the Commission, a state commission
or court about this issue and the outcome. If you have not brought a complaint, explain why not.
II.F.9. (Optional) If you purchase, or purchased, Transport Service and End User Channel Terminations
from the same Provider, explain your experience with changing Transport Service from one Provider to
another between January 1 and December 31, 2013 while keeping your End User Channel Terminations
with the original Provider. Where appropriate, identify the Provider(s) in your responses below and
indicate whether they are an ILEC or a Competitive Provider.
a. How many times did you change Transport Service while keeping your End User
Channel Terminations with the original Provider? An estimate of the number of circuits
moved to a new Transport Provider, or the number of such changes requested, is
sufficient.
b. What was the length of time, on average, it took for the original Provider to complete the
process of connecting your last-mile End-user Channel Terminations to another
Transport Provider? An estimate is sufficient.
c. Were you given the opportunity to negotiate the amount of time it would take to complete
the process of connecting your End User Channel Terminations to another Transport
Provider on a case-by-case basis? In answering this question, also describe and provide
citations to the ILEC’s or Competitive Provider’s policies, rules or, where relevant, Tariff
provisions, if known, explaining the transition process.
d. How did connecting to a new Transport Provider impact the rate you paid for the End
User Channel Terminations you continued to purchase from the original Provider?
e. Did connecting to a new Transport Provider typically impact the rate you continued to
pay for Transport Service from the original Provider while the change in Transport
Providers remained pending? If so, how? What was the average percentage change in
rates? For example, did you ever pay a One Month Term Only Rate during that time?

Data Collection – Page 26

II.F.10. (Optional) Describe any circumstances since January 1, 2013, in which you have purchased
circuits pursuant to a Tariff, solely for the purpose of meeting a Prior Purchase-Based Commitment
required for a discount or Non-Rate Benefit from your Provider (i.e., you would not have purchased the
circuit but for the requirement that you meet a Volume Commitment required for a discount or Non-Rate
Benefit from your Provider). In your description, provide at least one example, which at a minimum,
lists:
a. The name of the Provider providing the circuits at issue;
b. A description of the Prior Purchase-Based Commitment;
c. The Tariff and section number(s) of the specific terms and conditions described;
d. The number of circuits you would not have purchased but for the Prior Purchase-Based
Commitment requirement to receive a discount or Non-Rate Benefit;
i. Of the circuits reported in II.F.10.d, how many did you not use at all?
e. A comparison of the dollar amount of the unnecessary circuit(s) purchased versus the
dollar amount of penalties your company would have had to pay under the Prior
Purchase-Based Commitment had it not purchased and/or maintained the circuit(s), and a
description of how that comparison was calculated.
f. How many circuits were activated under the identified Tariff plan and not used when you
initially entered into the plan? What were these unused circuits as a percent of the total
circuits currently purchased under this Tariff plan? Indicate the percent of the total
circuits currently purchased under this Tariff plan that exceed your Prior Purchase-Based
Commitment.
g. For the Prior Purchase-Based Commitment, indicate whether you are able to buy any
DS1s or DS3s from the Provider outside of the identified Tariff plan, or are you required
to make all purchases from the Provider pursuant to the identified Tariff plan?
II.F.11. For each year for the past five years, state the number of times and in what geographic area(s)
you have switched from purchasing End-User Channel Terminations from one Provider of Dedicated
Services to another.
II.F.12. (Optional) Explain the circumstances since January 1, 2013 under which you have paid One
Month Term Only Rates for DS1, DS3, and/or PBDS services and the impact, if any, it had on your
business and your customers. In your response, indicate any general rules you follow, if any, concerning
the maximum number of circuits and maximum amount of time you will pay One Month Term Only
Rates, and your business rationale for any such rules.
II.F.13. (Optional) Separately list all Tariffs under which your company purchases DS1s, DS3s, and/or
PBDS and provide the information requested below for each plan.
a. This plan is a:
□ Tariff Plan

□

Contract-Based Tariff (select one)

b. Plan name:
c. Provider name:
d. Tariff and Section Number(s):
e. Tariff type:
□ Interstate
f.


□

Intrastate

This plan contains:
□ Term Commitment(s) □ Volume Commitment(s)
□ Non-Rate Benefit option(s) (select all that apply)
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g. If the plan contains Non-Rate Benefits, identify the Non-Rate Benefits that were relevant
to your decision to purchase services under this plan.
h. This plan can be applied to the purchase of:
□ DS1 services □ DS3 services □ PBDS

□ Other (select all that apply)

i.

In what geographic areas do you purchase DS1s, DS3s, and/or PBDS under this plan, e.g.,
nationwide, certain states, or certain MSAs?

j.

To receive a discount or Non-Rate Benefit under this plan, does your company make a
Prior Purchase-Based Commitment?
□ Yes □ No

k. If this is an ILEC plan, do DS1, DS3 or tariffed PBDS purchases your company makes
outside the study area(s) of the ILEC (e.g., purchases from an Affiliated Company of the
ILEC that is providing out-of-region service as a CLEC) count towards meeting any
Volume Commitment to receive a discount or Non-Rate Benefit under this plan?
□ Yes □ No □ N/A (no Volume Commitment, not an ILEC plan)
i.

If you answered yes, in what geographic areas outside the study area(s) of the ILEC,
do you purchase these DS1s, DS3s, and/or tariffed PBDS?

ii. For each geographic area identified, state whether your company would have
purchased from a different Provider, if at all, had it not been for the discounts or
Non-Rate Benefits received under this plan? In your response, indicate whether the
Provider that you would have purchased from has Connections serving that
geographic area and the Provider’s name.
l.

If this is an ILEC plan, do DS1, DS3, and/or tariffed PBDS purchases your company
makes from the ILEC in price cap areas where the Commission has not granted the ILEC
pricing flexibility count towards meeting any Volume Commitment to receive a discount
or Non-Rate Benefit under this plan?
□ Yes □ No □ N/A (no Volume Commitment, not an ILEC plan)
i.

If you answered yes, then identify the price cap areas where you purchase DS1s,
DS3s, and/or tariffed PBDS that count towards meeting any Volume Commitment to
receive a discount or Non-Rate Benefit under this plan?

m. If this is an ILEC plan, do DS1, DS3, and/or tariffed PBDS purchases your company
makes from the ILEC in areas where the Commission has granted Phase I Pricing
Flexibility count towards meeting any Volume Commitment to receive a discount or NonRate Benefit under this plan?
□ Yes □ No □ N/A (no Volume Commitment, not an ILEC plan)
i.

If you answered yes, in what geographic areas subject to pricing flexibility do you
purchase DS1s, DS3s, and/or tariffed PBDS that count towards meeting any Volume
Commitment to receive a discount or Non-Rate Benefit under this plan?

ii. For each geographic area identified, state whether your company would have
purchased from a different Provider, if at all, had it not been for the requirements of
the Tariff Plan? In your response, indicate whether the Provider that you would have
purchased from has Connections serving that geographic area and the Provider’s
name.
n. If this is an ILEC plan, do DS1, DS3, and/or tariffed PBDS purchases your company
Data Collection – Page 28

makes from the ILEC in areas where the Commission has granted Phase II Pricing
Flexibility count towards meeting any Volume Commitment to receive a discount or NonRate Benefit under this plan?
□ Yes □ No □ N/A (no Volume Commitment, not an ILEC plan)
i.

If you answered yes, in what geographic areas subject to pricing flexibility do you
purchase DS1s, DS3s, and/or tariffed PBDS that count towards meeting any Volume
Commitment to receive a discount or Non-Rate Benefit under this plan?

ii. For each geographic area identified, state whether your company would have
purchased from a different Provider, if at all, had it not been for the requirements of
the Tariff Plan? In your response, indicate whether the Provider that you would have
purchased from has Connections serving that geographic area and the Provider’s
name.
o. If this is an ILEC plan, do non-tariffed PBDS purchases your company makes from this
ILEC count towards meeting any Volume Commitment to receive a discount or Non-Rate
Benefit under this plan?
□ Yes □ No □ N/A (no Volume Commitment, not an ILEC plan)
i.

If you answered yes, in what geographic areas do you purchase non-tariffed PBDS
that counts towards meeting any Volume Commitment to receive a discount or NonRate Benefit under this plan.

ii. For each geographic area identified, state whether your company would have
purchased non-tariffed PBDS from a different Provider, if at all, had it not been for
the requirements of the plan? In your response, indicate whether the Provider that
you would have purchased from has Connections serving that geographic area and
the Provider’s name.
p. If this is an ILEC plan, do purchases you make for services other than DS1s, DS3s, and
PBDS from this ILEC count towards meeting any Volume Commitment to receive a
discount or Non-Rate Benefit under this plan?
□ Yes □ No □ N/A (no Volume Commitment, not an ILEC plan)
i.

If you answered yes, identify the other services purchased and the geographic areas
where you purchase these services that count towards meeting any Volume
Commitment to receive a discount or Non-Rate Benefit under this plan.

ii. For each geographic area identified, state whether your company would have
purchased those other services from a different Provider, had it not been for the
requirements of the plan? In your response, indicate whether the Provider that you
would have purchased from has Connections serving that geographic area and the
Provider’s name.
q. Is the discount or Non-Rate Benefit available under this plan conditioned on the customer
limiting its purchase of UNEs, e.g., the customer must keep its purchase of UNEs below a
certain percentage of the customer’s total spend? If yes, then provide additional details
about the condition.
II.F.14. Indicate whether you have any non-tariffed agreement with an ILEC that, directly or indirectly,
provides a discount or a Non-Rate Benefit on the purchase of tariffed DS1, DS3, and/or PBDS services,
restricts your ability to obtain UNEs, or negatively affects your ability to purchase Dedicated Services. If
so, identify each agreement, including the parties to the agreement, the effective date, end date, and a
summary of the relevant provisions.
Data Collection – Page 29

G. Non-Providers, Non-Purchasers, and other entities not covered by the scope of this inquiry but
that were instructed to respond to this data collection must respond to the following:
II.G.1. If you must respond to this data collection because you were required to file the FCC Form 477 to
report the provision of “broadband connections to end user locations” for Year 2013 but are not (a) a
Provider or a Purchaser as defined in this data collection or (b) an entity that provides Best Efforts
Business Broadband Internet Access Services to15,000 or more customers or 1,500 or more business
broadband customers in areas where the ILEC is subject to price cap regulation, then indicate as such
below and complete the certification accompanying this data collection.
□ I am not a Provider.

□

I am not a Purchaser.

□ I do not provide Best Efforts Business Broadband Internet Access Services to15,000 or
more customers or 1,500 or more business broadband customers in areas where the ILEC is subject to
price cap regulation.
(select all that apply)

Data Collection – Page 30

CERTIFICATION
I have examined the response and certify that, to the best of my knowledge, all statements of fact,
data, and information contained therein are true and correct.
Signature: _________________________
Printed Name: ______________________
Title: _____________________________
Date: ____________
* Respondents are reminded that failure to comply with these data reporting requirements may subject
them to monetary forfeitures of up to $160,000 for each violation or each day of a continuing violation,
up to a maximum of $1,575,000 for any single act or failure to act that is a continuing violation.16 False
statements or misrepresentations to the Commission may be punishable by fine or imprisonment under
Title 18 of the U.S. Code.

16

47 U.S.C. § 503(b)(2); 47 C.F.R. § 1.80(b). Part 1.80(b) of the Commission's rules was recently amended to
increase penalty amounts to account for inflation. SeeAmendment of Section 1.80(B) of the Commission's Rules,
Adjustment of Civil Monetary Penalties to Reflect Inflation, Order, DA 13-1615 (Enf. Bureau rel. Aug. 2, 2013); see
also 78 Fed. Reg. 49370 (Aug. 14, 2013).

Data Collection – Page 31