File ID: ESRE006F.doc

IMPLEMENTATION OF LOCAL COMPETITION

CRTC INTERCONNECTION STEERING COMMITTEE

Report to the CRTC

by

INDUSTRY SUB-GROUP

Emergency Services (9-1-1) Sub-Group

TIF6

Consensus Report

TITLE:	Development of Standard Form Agreement(s) Between CLECs and Municipalities/Municipal Associations

	“Agreement for the Provision of E9-1-1 Emergency Calling Service in Alberta”

DATE:	6 October 1998

IMPLEMENTATION OF LOCAL COMPETITION
Consensus Report to the CRTC

Task ID(s):	ESTF006

Task Name(s): 	Development of Standard Form Agreement(s) Between CLECs and Municipalities/Municipal Associations

Task Description(s):

Given the potential liability associated with the provision of 9-1-1 Service, it is critical that the respective rights, obligations and responsibilities of CLECs and municipalities (directly or through municipal associations) be clearly defined in (a) standard form agreement(s).

Conclusions:

A model “Agreement for the Provision of E9-1-1 Emergency Calling Service in Alberta” has been adopted by the ESSWG.  The model agreement is to be used by CLECs that provide 9-1-1 service to Alberta subscribers by way of the arrangement specified in the TELUS 9-1-1 Implementation Support Document.

Recommendations:

The ESSWG recommends that the Commission adopt the model agreement.

Further Activities:

Work continues with respect to other provinces.

Attachments:

“Agreement for the Provision of E9-1-1 Emergency Calling Service in Alberta”

Rev 05 (98-06-16)

AGREEMENT FOR THE PROVISION OF 
	E9-1-1 EMERGENCY CALLING SERVICE IN ALBERTA

This Agreement made effective the ____ day of ____ 199__.

BETWEEN	
__________________________________________________
(hereinafter referred to as the “Municipality”)

and

Each Competitive Local Exchange Carrier identified in each Schedule “A” to this Agreement
(hereinafter referred to as “CLEC”)

WHEREAS  the Municipality wishes to provide to its citizens access to emergency services via an Enhanced 9-1-1 service;

WHEREAS  the CLEC can provide access to emergency services via the  E9-1-1 Service Provider; 

WHEREAS  the Municipality may enter into an agreement to have part of the costs associated with the E9-1-1 Call Answer function recovered through a billing service offered by the CLEC through the AGREEMENT TO COLLECT MUNICIPAL CHARGES IN ALBERTA FOR E9-1-1 EMERGENCY CALLING SERVICE;

NOW THEREFORE, in consideration of the covenants and agreements contained herein and other good and valuable consideration, the receipt and adequacy of which are hereby mutually acknowledged, the parties agree, by the Municipality signing this agreement and the CLEC signing a Schedule A to this agreement, as follows:

1.	Definitions:
For the purposes of this Agreement, in addition to any terms defined parenthetically, the following terms have the meanings defined below:

1.1	“ALI”:	Automatic Local Identification:
The E9-1-1 system’s capability to automatically identify the location of the telephone being used by the caller and to provide a display of this location at the Call Answer Centre.

1.2	“ANI”:	Automatic Number Identification:
The E9-1-1 system’s capability to automatically identify the calling telephone number and to provide display of that number at the Call Answer Centre.

1.3	“Call Answer”:
The act of answering an E9-1-1 call, determining the type of Emergency Response Agency (ERA) required and  transferring the call to that ERA.

1.4	“Call Answer Centre”:
A communications facility open 24 hours a day, 365 days a year, and responsible for redirecting or transferring emergency calls to ERAs.  The Call Answer Centre is the first point of reception for all E9-1-1 calls in its Serving Area (sometimes referred to as the “Public Safety Answering Point” or “PSAP”).

1.5	“Call Control”:
A set of features that allow the E9-1-1 call taker to maintain control of the E9-1-1 call regardless of calling-party action.

1.6	“Commission”:
The Canadian Radio-television and Telecommunications Commission (CRTC) and its successors.

1.7	“E9-1-1" or “Enhanced 9-1-1":
A telephone system with enhanced features, including but not limited to ANI, ALI, and Selective Routing and Transfer, to facilitate appropriate emergency response.

1.8	“E9-1-1 Database”:
The database operated by the E9-1-1 Service Provider that contains street names, addresses, routing codes and other data required for the management of Selective Routing and Transfer, ALI and ANI.

1.9	“E9-1-1 Service Provider”:
The Incumbent Local Exchange Carrier (ILEC) that provides E9-1-1 service to the Municipality at its designated Call Answer Centre pursuant to a tariff or agreement through which access to E9-1-1 emergency calling is made available.

1.10	“E9-1-1 Street Address Database”:
The database operated by the CLEC that contains street names, address ranges, routing codes and other data required for the management of ALI and ANI.

1.11	“ECS” or “E9-1-1 ECS” or “E9-1-1 Emergency Calling Service”:
The E9-1-1 emergency calling service or system which provides each Local Subscriber with three digit dial access (9-1-1) to Emergency Response Agencies (“ERAs”) through the Call Answer Centre. 

1.12	“ERA”: Emergency Response Agency:
A communication centre to which emergency calls are transferred from the Call Answer Centre, and which is responsible for dispatching one of the three types of emergency personnel and apparatus (emergency medical, fire or law enforcement).

1.13	“ESZ”: Emergency Service Zone:
A defined area consisting of a specific combination of Municipality, law enforcement, fire, emergency medical and Call Answer Centre coverage areas.

1.14	“Exchange Service”:
Any local telecommunications service offered directly or indirectly by the CLEC to its end user subscribers under the terms of a tariff or agreement.

1.15	“Incumbent Local Exchange Carrier” or “ILEC”:
The company that operates the E9-1-1 platform or switching station which connects to the Municipality at its designated Call Answer Centre or PSAP, currently being TELUS Communications Inc., or its successors or assigns.

1.16	“Interconnection Agreement”:
The Agreement between the CLEC and the ILEC which enables E9-1-1 Emergency Calling Service to connect to the Municipality at its designated Call Answer Centre or PSAP. 

1.17	“Local Subscriber”:
An end user subscriber located within the  Municipality’s boundaries who subscribes to the CLEC’s Exchange Service and is capable of outward dialing.

1.18	“PSAP”:
The “Public Safety Answering Point” for a Serving Area.  It is equivalent to a Call Answer Centre, which is defined at section 1.4 herein.

1.19	“Selective Routing and Transfer”:
A feature that automatically routes a E9-1-1 call to the appropriate Call Answer Centre and transfers the E9-1-1 call to the appropriate ERA based upon the ALI of the caller.

1.20	“Serving Area”:
The area within the Municipality’s boundaries, as determined by  the Municipality, from which E9-1-1 calls will be directed to a particular Call Answer Centre.

2.	Service Description

2.1	The CLEC shall provide an Emergency Calling Service (“ECS”) that provides each end user subscriber (Local Subscriber) with the well recognized three-digit (9-1-1) telephone access to emergency services through the Call Answer Centre.  The CLEC shall provide each Local Subscriber access to the 9-1-1 code from each of its central offices.  

2.2	The E9-1-1 Emergency Calling Service is to be provided to each Local Subscriber connected to the CLEC network through any of the CLEC Exchange Services.

3.	Object

3.1	In accordance with paragraph 286 in Telecom Decision CRTC 97-8, or any amendments thereto or superceding decisions by the Commission, as well as all other legislation and regulations that might be relevant and current from time to time, the Municipality and the CLEC   wish to provide appropriate terms and conditions in order to make E9-1-1 emergency calling services available to each Local Subscriber of the CLEC in the Serving Area.

4.	Conditions of Service

4.1	The CLEC agrees to:

4.1.1	Make E9-1-1 ECS accessible to all Local Subscribers in the Serving Area.

4.1.2	Provide E9-1-1 ECS in accordance with the requirements of section 5, through the network of the E9-1-1 Service Provider to the Call Answer Centre.

4.1.3	Provide ANI/ALI data, routing and other data by way of the E9-1-1 Service Provider to the Municipality at its designated Call Answer Centre and ERAs as deemed appropriate by CLEC and the Municipality.

4.1.4	Provide to the Municipality at its designated Call Answer Centre a telephone number that is accessible 24 hours a day, seven days a week, for purposes of reporting trouble with the E9-1-1 Emergency Calling System.	

4.1.5	Provide to the Municipality at its designated Call Answer Centre a facsimile number or alternative address such as e-mail or both, for purposes of dealing with problems with information as to Local Subscribers and the E9-1-1 Street Address Database, and updating such information as requested.

4.1.6	Operate, maintain and update an E9-1-1 Street Address Database in respect of its Local Subscribers.

4.1.7	Be responsible for any other requirements that are not specifically identified in the Agreement that are related to matters of the kind listed in section 4.1.
 
4.2	The Municipality agrees to:

4.2.1	Provide and operate a Call Answer Centre for the Serving Area on a 24 hour-per-day, 365 day-per-year basis.  Answering and handling of emergency calls, along with any emergency response, are the responsibility of the Municipality and beyond the scope of the services to be provided by the CLEC.

4.2.2	Provide, operate and manage the personnel and the equipment, including terminal equipment, required to receive and process all emergency calls directed to the Call Answer Centre.

4.2.3	Coordinate participation of all ERAs in the Serving Area with respect to 
E9-1-1 ECS.  This will include:
4.2.3.1	ensuring the involvement of the ERAs;

4.2.3.2	determining the Serving Areas and ESZs served by the Call Answer Centre and ERAs;

4.2.3.3	providing and validating, as reasonably required by  the CLEC, all geographical data, including street names, addresses, and associating those addresses with ESZs; and

4.2.3.4	informing the CLEC immediately of all changes that may occur in the geographical data, including street names, and addresses.

4.2.4	Provide and maintain fire, law enforcement and emergency medical services within the Municipality, and provide the address, contact, telephone and facsimile numbers of these services to the CLEC.

4.2.5	Provide the CLEC with a minimum of ninety (90) days written notice of an intended change in the location of the Call Answer Centre and the borders of the Serving Areas or the ESZs.

4.2.6	Be responsible for any other requirements that are not specifically identified in this Agreement that are related to matters of the kind listed in section 4.2 

4.3	The Municipality may contract with a third party for the management and operation of the Call Answer Centre but in such event, the Municipality shall remain responsible for all aspects of the operation of the Call Answer Centre and shall not be relieved of any of its obligations under this Agreement.

5.	Features of E9-1-1 ECS

5.1	The E9-1-1 ECS shall, subject to section 5.2, permit the utilization of typical E9-1-1 features including, without being limited to, ANI, ALI, Selective Routing and Transfer, and Call Control features such as called party hold, emergency ring back and forced disconnect.  

5.2	It is understood and agreed by the parties that the availability and reliability of E9-1-1 ECS features depend on:

5.2.1	the terminal systems and the operating mode selected for the Call Answer Centre and ERAs;

5.2.2	the type of Exchange Service and the equipment or telephone systems from which E9-1-1 calls originate; 

5.2.3	the accuracy of the data, which itself is dependent upon the information provided by various sources (for example, CLECs, the Municipality, the E9-1-1 Service Provider, other telecommunication carriers, Local Subscribers); and
5.2.4	the characteristics and reliability of the E9-1-1 service provided by the E9-1-1 Service Provider, to the extent that the CLEC’s participation in providing E9-1-1 ECS is dependent upon the E-9-1-1 Service Provider.

6.	Confidential Information

6.1	The CLEC will provide information  to the E9-1-1 Service Provider, on a call-by-call basis including such information as the name, telephone number, class of service location shown on the CLEC’s records as the address for the Exchange Service from which the E9-1-1 call is placed.  The information, if confidential, shall be provided to the E9-1-1 Service Provider,  on a confidential basis, for the sole purpose of responding to E9-1-1 emergency calls.

6.2	The information consisting of names, addresses and telephone numbers of any Local Subscribers whose listings are not published in directories or listed in the E9-1-1 Service Provider’s directory assistance records is confidential.  Any individual calling E9-1-1 waives the right to privacy to the extent that the name, telephone number, class of service and physical service location associated with the originating telephone are furnished to the parties involved in providing or responding to E9-1-1 emergency calling services.

6.3	Any information including any and all written documentation provided by the CLEC to the Municipality, its employees, servants, agents, assigns or contractors pertaining to the design, development, implementation, or operation and  maintenance of E9-1-1 ECS is confidential, and will be provided by the parties only to such persons who have a need to know for the purposes of this Agreement.  The Municipality will not permit any of its employees, servants, agents, assigns or contractors to duplicate, reproduce or otherwise copy any such confidential information for any purpose whatsoever, except as may be required by any such employees, servants, agents, assigns or contractors with a need to do so for the purposes of providing E9-1-1 emergency calling services or enabling an ERA to respond to an E9-1-1 call.

6.4	Confidential information regarding ANI and ALI and associated information of the CLECs Local Subscribers will be provided to the Call Answer Centre and ERAs as directed by the Municipality solely for the purpose of enabling the Call Answer Centre and ERAs to verify the location from which the E9-1-1 call is placed and for the purpose of associating an E9-1-1 call with a physical address.  The Municipality, the Call Answer Centre and the ERAs shall not use such information for any other purpose whatsoever.

6.5	The Municipality will retain the information regarding ANI and ALI and associated confidential information in confidence and will treat such confidential information with the greater of the same degree of care that it employs for the protection of its own confidential information or a reasonable degree of care, and will not permit disclosure of such confidential information except to employees, servants, agents, assigns or contractors, including the Call Answer Centre and ERAs  where there is a need to know for purposes of providing  E9-1-1 emergency calling service or responding to an E9-1-1 call.

6.6	The CLEC and the Municipality shall abide by all applicable federal and provincial legislation with respect to the protection of privacy in effect from time to time.

7.	Quality of the CLEC E9-1-1 ECS

7.1	The CLEC agrees to install and operate an E9-1-1 ECS in a manner that meets or exceeds  the quality standards generally accepted in North America for such services.

7.2	The CLEC shall use reasonable efforts to restore service as quickly as possible on a priority basis should there be any interruption, delay, mistake or defect in transmission or in its facilities.

8.	Quality of Municipality’s Service

8.1	The Municipality shall implement and ensure the operation of its Call Answer Centre in a manner that meets or exceeds the quality standards generally accepted in North American for such services.

9.	Implementation Schedule

9.1	The CLEC and the Municipality agree that the implementation of E9-1-1 ECS within the Serving Area will be carried out pursuant to an implementation schedule to be mutually agreed to by the CLEC, the Municipality and the E9-1-1 Service Provider in writing and which may be changed from time to time by agreement of the parties.
.
10.	Liability and Insurance

10.1	The CLEC’s liability for the performance of its obligations pursuant to this Agreement shall be subject to and governed by the CLEC General Terms of Service.

10.2	During the term of this Agreement, each of the Municipality and the CLEC shall maintain sufficient insurance to cover its respective obligations under this Agreement and shall provide evidence of same to the other party hereto on request.

11.	Term and Renewal

11.1	This Agreement shall be effective as of the effective date shown at the beginning of this document and continue for a term of ten (10) years.

11.2	The term of this Agreement shall be automatically renewed and extended and remain effective for successive periods of one (1) year each unless one party gives to the other at least six(6) months written notice of termination prior to the end of the initial term or any renewal period.

11.3	If either party  materially breaches this Agreement, the party not in breach may give to the other party written notice specifying the breach and, if within a period of seven (7) days the breach is not remedied, or, in the case of a breach which cannot reasonably be remedied within such period, the party not in breach has not accepted a schedule for remedying the breach, the party not in breach may, by a further written notice, terminate this Agreement immediately without penalty.

11.4	Notwithstanding sections 11.1 and 11.2, if the E9-1-1 Service Provider ceases or gives notice of its intention to cease  to provide E9-1-1 service to the Municipality, or in the event of the CLEC ceasing, or giving notice of its intention to cease, to obtain access to the Municipality at its designated Call Answer Centre through or by way of the E9-1-1 Service Provider, the parties shall take all reasonable steps to ensure that the object of this Agreement as provided in section 3 is achieved.  

12.	Force Majeure

12.1	Neither the CLEC nor the Municipality will be held responsible for any damages or delays as a result of war, invasion, insurrection, demonstrations, fire, floods, strikes, or as a result of decisions by civilian or military authorities, decisions of regulatory authorities, or generally, as a result of any event that is beyond the Municipality’s or the CLEC’s reasonable control.

12.2	In the event of a disaster or force majeure, the CLEC and the Municipality will cooperate  and make all reasonable efforts to provide temporary replacement service until permanent service is completely restored.

12.3	The costs required to provide temporary replacement service will be borne according to the sharing of obligations between the CLEC and the Municipality, as indicated in section 4 of this Agreement.

13.	Municipal Charge

13.1	The CLEC will provide an optional billing and collection arrangement whereby the CLEC, acting as billing agent for the Municipality, will bill and collect monthly user fees in the form of a Municipal Charge as specified in a separate agreement, being the “Agreement To Collect Municipal Charges in Alberta for E9-1-1 Emergency Calling Service”.

14.	Regulatory Approval

14.1	It is expressly understood that this Agreement and E-1-1 Emergency Calling Service are subject to such terms and conditions as the CRTC or its successors may impose from time to time.

15.	Waiver

15.1	The failure of either party to require the performance of any obligation hereunder, or the waiver of any obligation in a specific instance, will not be interpreted as a general waiver of any of the obligations, hereunder, which will continue to remain in full force and effect.

16.	Relationship to the Parties

16.1	This Agreement will not create nor will it be interpreted as creating any association, partnership, any employment relationship or any agency relationship between the parties.

17.	Entire Agreement

17.1	Except as otherwise stated herein, this Agreement constitutes the entire agreement of the parties and supersedes any previous agreement, whether written or verbal.  Should any provision of this Agreement be declared null, void or inoperative, the remainder of the Agreement will remain in full force and effect. 

17.2	In the event of any provision of this Agreement is found by a court of competent jurisdiction to be unenforceable or inconsistent with any law or regulation, such provision shall be deemed to be severed from this Agreement and in all other respects the remainder of this Agreement shall continue in full force and effect.

18.	Resolution of Disputes

18.1	Except with respect to any matter within the jurisdiction of the Commission, any dispute or disagreement that may occur pursuant to this Agreement is to be dealt with by the two parties attempting to reach a fair and equitable resolution by using, in good faith, one or more of the following means until such dispute or disagreement is resolved.  The means to be used are:

1.	negotiation;
2.	mediation; or
3.	arbitration.

Except for purposes of preserving a limitation period or obtaining an appropriate interim order or remedy where reasonably necessary, the parties agree that legal proceedings shall be avoided until the procedures in this section have been tried and used in good faith in the order listed, as the parties recognize that among other aspects of legal proceedings, they are public. With respect to procedures and rules, unless otherwise agreed to and confirmed in writing,  the procedures and rules of the Canadian Foundation for Dispute Resolution will be followed, and arbitration will be by way of a single arbitrator pursuant to the Arbitration Act (Alberta).

19.	Notice

19.1	Any notice required pursuant to this Agreement will be in writing and delivered personally, by courier, or sent by registered mail (with proper postage), to the address listed herein in the case of the Municipality or to the address listed in Schedule “A” in the case of the CLEC, or to such other address as either party may indicate in writing to the other.  In the event of a strike or other disruption of postal service, only delivery either personally or by courier or by such other means as is mutually agreeable and confirmed in writing will be considered effective.

The Municipality

20.	This Agreement shall be governed by the laws of the Province of Alberta and Canada.

IN WITNESS WHEREOF  the Municipality has affixed its corporate seal, attested by the hands of its officers duly authorized in that behalf this ________ day of ____________, 199__.

SIGNED, SEALED AND DELIVERED

     		THE MUNICIPALITY

Per: __________________________________

______________________________________
(print name and position)

Per: __________________________________

______________________________________
(print name and position)

	SCHEDULE “A”

1.	This Schedule “A” is to be attached to and form part of the Agreement for the Provision of E9-1-1 Emergency Calling Service in Alberta effective as of the ___ day of ______, 199 __, between the Municipality ______________________ and the Competitive Local Exchange Carrier (“CLEC”) identified below (such agreement hereinafter being referred to as the “Agreement”).

2.	Upon execution of this Schedule “A” and its delivery to the Municipality, the CLEC agrees that it will be subject to and bound by the terms and conditions of the Agreement in the same manner it would be had it executed the Agreement directly.

3.	Pursuant to section 19.1 of the Agreement, the CLEC’s address for notice is:

IN WITNESS WHEREOF the CLEC has affixed its corporate seal, attested by the hands of its officers duly authorized in that behalf, or otherwise duly executed this document this ____________ day of __________________, 199__.

SIGNED, SEALED AND DELIVERED

     		THE CLEC

Per: __________________________________ (seal)

______________________________________
(print name and position)

Per: __________________________________

______________________________________
(print name and position)

	SCHEDULE “B”

	Location of Call Answer Centre and Emergency Response Agencies

Call Answer Centre		Back Up                                      
	Call Answer Centre                                      

Contact				Contract                                      
Address							Address                                      

Phone							  	Phone                                       
Fax	 Fax                                       

Fire	ERA Detail per Schedule D	Police ERA Detail per Schedule D
See Municipal Contacts				See Municipal 911 Contacts

   Ambulance	ERA Detail per Schedule D
See Municipal 911 Contacts

	SCHEDULE “C”

	Municipal Contacts

911 Contact Information:

	Main Municipal Contract:________________________________________         
        
	Address: ________________________________________         

	________________________________________         

	________________________________________         

	Phone: ________________________________________         

	Fax: ________________________________________         

	Municipal Address Coordinator: ________________________________________         

	Address: ________________________________________         

	________________________________________         

	________________________________________         

	Phone: ________________________________________         

	Fax: ________________________________________         

	SCHEDULE “D”

	Serving Areas and Emergency Service Zones

•	Per attached Service Address Control Group documents.