05/16/2001
E911 PHASE I - SERVICE ORDER FORM
Name: Cingular Wireless LLC
Address: 5201 Con2ress Avenue
CARRIER CONTACT (24x7x365)
Name:
Cellular Network Operations Center
City: Rn.... R..tnn
State:
Fl.
ZIP: 33487
Phone Number:
Fax Number:
lM-l19_0000
CARRIER NOTIFICATION:
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Anticipated Deployment Date:
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Name: Cin2ular Wireless, clo Mario ~.Jatdon a;;
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Address: 5201 Congress Avenue .~. W
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City / ST I ZIP: Boca Raton, FL 334jj}~ ~
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Name:
Address:
City:
CUSTOMER CONTACT (24x7x365)
Name: &-. ~ 0(" '^^ L-~~ e.i-\-
Phone Number: 305- /4~- 15"1t>
Fax Number: 31:>5- Q~'1' iJO,'f(
CUSTOMER NOTIFICATION:
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City / ST / ZIP: rI\ d..:,p. -M... 0{\ f2- l J .3 3D Sb
Date:
Date:
Service Description: Pursuant to this Service Order ("Order"), Carrier shall provide E911 Phase I Service ("Service"), in compliance with Phase I of the Federal
Communications Commission ("FCC") Order in Docket 94-102, as amended and the laws of the State of Florida, but only in such portions of PSAP Service
Jurisdictions that Carrier operates its wireless service, A copy of functional specifications of such Service is attached hereto as Exhibit A, along with plans for the
testing and implementation process as agreed to by Carrier and PSAP ("Implementation Plan"),
Confidential Information: The confidentiality of any infonnation provided by Carrier to PSAP shall be governed by the Florida Public Records Act, chapter 119,
Florida Statutes, The parties acknowledge that Florida law protects trade secrets from disclosure, pursuant to F1a, Stat. ~~ 365.174 and 812,081.. .
Term: This Order is effective on the date of PSAP's signature, ("Effective Date") and shall remain effective for one (J) year ("Initial Term"), This Order shall
automatically renew for successive one (I) year terms ("Subsequent Term") unless written notice of termination is given to the other party not less than ninety (90) days
prior to the expiration of each Subsequent Term,
Limitation of Liability: The parties acknowledge their respective immunities from liability are or may be granted by Federal and state laws, as amended from time to
time, Each party will honor the other party's immunity to the full extent required by law,:
Delay/Force Majeure: Carrier shall perform services pursuant to Federal law, state law, and the Implementation Plan, but, to the extent allowed by Federal or state
law, Carrier shall not be liable for any delays resulting from acts of third parties and acts of GO<!, The parties further acknowledge that successful and timely provision
of Service is contingent upon the timely perfonnance of actions by and cooperation of many third parties, including, but not limited to, actions that must be completed
by the 9-1-1 Provider/LEC, PSAP, and the Host ALl Provider. Federal law establishes the deadline for implementation of Service[FCC 94-102]. Nothing herein shall
be construed to extend the deadline as established by governing Federal and state law, if applicable,
No Third-Party Beneficiary Relationship or Liability Created: Carrier offers Service to PSAP solely as an aid in PSAP's provision ofE911 Service, Carrier's
provision of Service to PSAP does not create any relationship or obligation, direct or indirect, to any person or entity other than PSAP,
DISCLAIMER OF WARRANTIES (OPTIONAL:EXCEPT MANUFACTURERS' WARRANTIES): THE PARTIES ACKNOWLEDGE THAT THIS ORDER IS
A CONTRACT FOR THE PROVISION OF SERVICES (OPTIONAL: AND THAT ANY GOODS PROVIDED HEREUNDER ARE ANCILLARY TO THE
FINAL DRAFT 5/5/00
Florida Wireless 9-1-1 Board Model Contract
,PROVISIl:>N OF THE REQUESTED SERVICES), (OPTIONAL:WITH THE SOLE EXCEPTION OF ANY EXPRESS WRITTEN MANUFACTURER'S
WARRANTY, WHICH MAYBE APPLICABLE TO PARTICULAR GOODS, ALL GOODS ARE PROVIDED "AS IS".) THE PARTIES AGREE THAT THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ALL OTHER WARRANTIES, EXPRESS OR
IMPLIED, ARE EXCLUDED FROM THIS TRANSACTION AND SHALL NOT APPLY TO ANY (OPTIONAL: GOODS OR) SERVICES PROVIDED
HEREUNDER. CARRIER AND ITS SUBCONTRACTORS EXPRESSLY EXCLUDE AND DISCLAIM ANY AND ALL WARRANTIES, GUARANTEES OR
REPRESENTATIONS WHATSOEVER, EXPRESS OR IMPLIED, ORAL, WRITTEN OR OTHERWISE RELATED TO ANY EQUIPMENT, FACILITIES,
FEA TURES, REPAIR, MAINTENANCE AND TO ANY AND ALL GOODS AND SERVICES PROVIDED OR TO BE PROVIDED TO PSAP BY CARRIER OR
ITS SUBCONTRACTORS, THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF,
Independent Contractor: Carrier's relationship with PSAP under this Order is that of an independent contractor.
Assignment: The parties to this Order may not assign any of their rights nor delegate any of their obligations under this Order without the prior written consent of the
other party (which consent shall not be unreasonably withheld), except that Carrier may assign its rights or delegate its duties under this Order to any of its affiliates, to
the surviving entity in a merger or consolidation or to a purchaser of substantially all of the assets of the business to which this Order relates without PSAP's written
consent. All the tenns and provisions of this Order will be binding upon and inure to the benefit of and be enforceable by the parties and their respective permitted
successors and assigns,
AmendmentIModification: Any provision of this Order may be amended upon mutual agreement of the parties, executed in writing, and the observance of any
provision may be waived only in writing signed by a duly authorized representative of the parties, In addition, the Parties may also modify this Order upon thirty (30)
days written notice, ifthere is a change in an applicable law or if Carrier should sell or otherwise dispose of all or part of its wireless communications service license
for the provision of wireless communication service in any portion of the PSAP Service Jurisdictions, Upon such event, this Order may be modified only as appropriate
to reflect such disposition, This shall include removal of the relevant area from this Order,
Governing Law: The laws of the State in which the Service is provided govern this Order except as otherwise provided for herein, except for matters within the
exclusive jurisdiction of the FCC.
Dispute Resolution: In the event of a dispute under this Order, all rights and remedies of the parties, at Jaw and equity, are expressly retained by the parties, Prior to
the commencement of such litigation, the parties may agree first to attempt in good faith to resolve any controversy or claim arising out of or relating to this Order, The
parties may by agreement choose to arbitrate the dispute. The parties may use the Wireless Industry Arbitration Ru]es, The arbitration may be governed by the United
States Arbitration Act, 9 U,S_c. ~~ 1- 16, and judgment for the award may be entered by any court having jurisdiction thereof, The place of arbitration shall be
County, The arbitrator shall not be empowered to award damages in excess of actual damages, including by not limited to punitive damages, ,
Entire Agreement: This Order, (OPTIONAL: together with the Service Acceptance Form,) constitutes the entire agreement between the parties and supersedes all
prior agreements or understandings, whether written or ora], with respect to the provision of E91 I Phase I Service,
Responsibilities of Carrier: Carrier shall implement Service pursuant to Federa] Jaw, state Jaw, and the Implementation Plan, attached hereto as Exhibit "A", as
agreed to by the parties, Nothing in Exhibit "A" herein shall be construed to extend the deadline as established by governing Federal and state Jaw, if applicable. In
addition, Carrier shall not initiate Service without written acknowledgment from PSAP of completion of testing and acceptance of Service, including but not limited to
date and time of Service activation, Carrier shall reasonably cooperate with PSAP and all necessary third-parties in all aspects ofimp]ementing, scheduling, testing,
verifying and operating Service, including notifying any and all parties of any network changes or changes in data to be delivered to premise equipment.
Responsibilities ofPSAP: PSAP shall:
· have sole responsibility to answer, respond to, transfer, terminate or otherwise handle E911 telephone calls, to dispatch or arrange to dispatch emergency services;
· furnish Carrier, at PSAP's reasonable expense, all technical matter, data and information as reasonably necessary under this Order;
· provide reasonable access to PSAP's premises, as needed by Carrier or its subcontractors;
· provide written acknowledgment of completion of testing and acceptance of Service to Carrier, including but not limited to date and time of activation of Service,
prior to commercial use;
· reasonably cooperate with Carrier and all necessary third-parties in all aspects of implementing, scheduling, testing, verifying and operating Service, including
notifying any and all parties of any PSAP jurisdiction area changes or changes in data to be delivered to premise equipment.
Acknowledgements: The parties acknowledge that:
· These tenns and conditions are for the parties' mutua] benefit and should encourage the efficient and cooperative deployment of the Service
· Carrier's reasonable costs for Service shall be paid pursuant to F]orida Statutes Sections 365,] 72 and 365,173, The parties acknowledge that PSAP shall not be
responsible for payment of Carrier costs, pursuant to governing law,
FINAL DRAFT 5/5/00
Florida Wireless 9-1-1 Board Model Contract
EXHIBIT A
DESCRIPTION OF TECHNOLOGY TO BE USED.
LEC Solution
Where it is available, BellSouth Cellular Corp (BSCC) will use Enhanced Feature group
o (E-FGD) solution provided by the serving Local Exchange Carrier (LEC). This
approach is compliant with the TR45.2 PN-3581 standard for E9-1-1 Phase 1 services.
BSCC will request a minimum of two E-FGD trunks from the LEC, delivered over route
diverse paths where this capability exists within the network. These trunks will be used
to deliver Automatic Number Identification (ANI), cell sector location identifier
information (e.g., pseudo-Automatic Number Identification (p-ANI) and voice to the 911
tandem / selective router. At the selective router the p-ANI will be associated with an
Emergency Service Number (ESN) and the 9-1-1 call will be routed to the PSAP.
The serving LEC will be responsible for providing and maintaining data connections
from the serving selective router to the Automatic Location Identifier (ALl) databases.
These connections will be used to deliver ANI and p-ANI information to the ALl on a per
call basis.
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