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BRIGHTSTAR ENTERPRISE SERVICES PRODUCT-SPECIFIC ATTACHMENT ETHERNET TRANSPORT SERVICES

ATTACHMENT IDENTIFIER: Ethernet Transport, Version 1.3

The following additional terms and conditions are applicable to Sales Orders for Comcast’s Ethernet Transport Services:

 

 

DEFINITIONS

Capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the General Terms and Conditions.

“Estimated Availability Date” means the target date for delivery of Service.

 

“Interconnection Facilities” means transmission capacity provided by Brightstar, Customer or a third-party supplier to extend the Brightstar Equipment from a Brightstar terminal to any other location (e.g., a local loop provided by a local exchange company or other communications company).

 

“Off-Net” means geographical locations that are outside of Brightstar’s service area and/or geographical locations that are within Brightstar’s service area generally, but are not readily accessible by Brightstar Network facilities. All Off-Net Services are provided by third-party service providers.

 

“On-Net” means geographical locations where Brightstar currently provides Services through its Brightstar Network. On-Net Services may be provisioned over a fiber optic network, or via a hybrid fiber coax network (“HFC Network”), as available through Brightstar.

 

“Services” means Ethernet Transport Services.

 

ARTICLE 1. SERVICES

This attachment shall apply to Ethernet Transport Services. A further description of these Services is set forth in Schedule A-1 hereto which is incorporated herein by reference.

 

ARTICLE 2. PROVIDER

On-Net Service shall be provided by Brightstar Communications, Inc.

On-Net Service provided over the HFC Network and Off-Net Services are available in a limited number of Brightstar markets. For information on service availability, contact Brightstar at info@brightstarone.com.

 

ARTICLE 3. REGULATORY APPROVAL; TRAFFIC MIX

Brightstar’s pricing for Service may be subject to FCC, public service commission or other regulatory approval. Further, Customer represents that its use of Service hereunder will be jurisdictionally interstate. Customer agrees to indemnify and hold Brightstar harmless from any claims by third parties resulting from or arising out of Customer’s failure to properly represent or certify the jurisdictional nature of its use of Service.

 

ARTICLE 4. CUSTOM INSTALLATION FEE

Once Brightstar accepts a Sales Order for Service, Brightstar will invoice Customer for all Custom Installation Fee(s). Customer will pay the Custom Installation Fee(s) within thirty (30) days of the invoice date unless a payment schedule is specified in the applicable Service Order.

 

ARTICLE 5. PROVISIONING INTERVAL

Following its acceptance of a Sales Order, Brightstar shall notify Customer of the Estimated Availability Date applicable to that Sales Order. Brightstar shall use commercially reasonable efforts to provision the Service on or before the Estimated Availability Date; provided, however, that Brightstar’s failure to provision by said date shall not constitute a breach of the Agreement.

 

ARTICLE 6. SERVICE COMMENCEMENT DATE

Brightstar shall inform Customer when Service is available and performing in accordance with the “Performance Standards” set forth in Schedule A-1 hereto (“Availability Notification”). Charges for Service shall begin to accrue as of the Service Commencement Date. The Service Commencement Date shall be earliest of: (A) the date on which Customer confirms receipt of and concurrence with the Availability Notification; (B) five (5) business days following the date of the Availability Notification, if Customer fails to notify Brightstar that the Service does not comply materially with the specifications set forth in Schedule A-1 hereto; or (C) the date on which Customer first uses the Service.

 

ARTICLE 7. TERMINATION CHARGES; PORTABILITY; UPGRADES

 

7.1 The charges set forth or referenced in each Sales Order have been extended to Customer in reliance on the Service Term set forth therein. To the extent that a Service Term has not been expressly set forth in a Sales Order, the minimum Service Term for Services is twelve (12) months.

 

7.2 Termination Charges for On-Net Services.

 

  1. In the event On-Net Service is terminated following Brightstar’s acceptance of the applicable Sales Order but prior to the Service Commencement Date, Customer shall pay Termination Charges equal to the costs and expenses incurred by Brightstar in installing or preparing to install the On-Net Service plus twenty percent (20%).
  2. In the event that On-Net Service is terminated on or following the Service Commencement Date but prior to the end of the applicable Service Term, Customer shall pay Termination Charges equal to a percentage of the monthly recurring charges remaining for the unexpired portion of the then-current Service Term, calculated as follows:
    1. 100% of the monthly recurring charges with respect to months 1-12 of the Service Term; plus
    2. 80% of the monthly recurring charges with respect to months 13-24 of the Service Term; plus
    3. 65% of the monthly recurring charges with respect to months 25 through the end of the Service Term; plus
    4. 100% of any remaining, unpaid Custom Installation Fees.

Termination Charges shall be immediately due and payable upon cancellation or termination and shall be in addition to any and all accrued and unpaid charges for the Service rendered by Brightstar through the date of cancellation or termination.

 

  1. Termination Charges for Off-Net Services.In the event Customer terminates Off-Net Service following Brightstar’s acceptance of the applicable Sales Order but prior to the end of the applicable Service Term, Customer shall pay Termination Charges equal to 100% of the monthly recurring charges remaining through the end of the Service Term plus 100% of any remaining, unpaid Custom Installation Fees. Customer shall, pursuant to Article 3.2 of the General Terms and Conditions, also pay any third-party charges, incurred by Brightstar as a result of the early termination of service by the Customer.

 

7.3 Exclusions. Termination Charges shall not apply to Service terminated by Customer (a) as a result of Brightstar’s failure to provision Service within the intervals specified in Article 5 of this attachment or (b) as a result of Brightstar’s material and uncured breach in accordance with Article 5.2 of the General Terms and Conditions.

 

7.4 Portability. Customer may terminate an existing On-Net Service (an “Existing Service”) and turn up a replacement On-Net Service (i.e., having different termination points on Brightstar’s network) (a “Replacement Service”) without incurring Termination Charges with respect to the Existing Service, provided that (a) the Replacement Service must have a Service Term equal to or greater than the remaining Service Term of the Existing Service; (b) the Replacement Service must have monthly recurring charges equal to or greater than the monthly recurring charges for the Existing Service; (c) Customer submits a Sales Order to Brightstar for the Replacement Service within ninety (90) days after termination of the Existing Service and that order is accepted by Brightstar; (d) Customer reimburses Brightstar for any and all installation charges that were waived with respect to the Existing Service; and (e) Customer pays the actual costs incurred by Brightstar in installing and provisioning the Replacement Service.

 

7.5 Upgrades. Customer may upgrade the speed or capacity of an Existing Service without incurring Termination Charges, provided that (A) the upgraded Service (the “Upgraded Service”) must assume the remaining Service Term of the Existing Service; (B) the Upgraded Service must have the same points of termination on Brightstar’s network as the Existing Service; (C) Customer submits a Sales Order to Brightstar for the Upgraded Service and that order is accepted by Brightstar; (D) Customer pays Brightstar’s applicable nonrecurring charges for the upgrade; and (E) Customer agrees to pay the applicable monthly recurring charges for the Upgraded Service commencing with the upgrade. Upgrades to Off-Net Services are subject to the applicable third party service provider rules and availability. Brightstar has no obligation to upgrade Customer’s Off-Net Service.

 

ARTICLE 8. ADDITIONAL INFORMATION

As necessary for the interconnection of the Service with services provided by others, Brightstar may request (as applicable), and Customer will provide to Brightstar, circuit facility assignment information, firm order commitment information, and design layout records necessary to enable Brightstar to make the necessary cross connection between the Service and Customer’s other service provider(s). Brightstar may charge Customer nonrecurring and monthly recurring cross-connect charges to make such connections.

 

ARTICLE 9. TECHNICAL SPECIFICATIONS AND PERFORMANCE STANDARDS; SERVICE LEVEL AGREEMENT

The technical specifications and performance standards applicable to the Service are set forth in Schedule A-1 hereto. The service level agreement applicable to the Service is set forth in a Schedule A-2 hereto.

 

 

SCHEDULE A-1

SERVICE DESCRIPTIONS, TECHNICAL SPECIFICATIONS AND PERFORMANCE STANDARDS BRIGHTSTAR ETHERNET TRANSPORT SERVICES

Ethernet Transport Version 1.3

Brightstar’s Ethernet Transport Services (“Service(s)”) will be provided in accordance with the service descriptions, technical specifications and performance standards set forth below:

 

 

Definitions

 

  1. Latency, also known as Frame Delay, is defined as the maximum delay measured for a portion of successfully delivered service frames over a 30 day period.
  2. Jitter, also known as Frame Delay Variation, is defined as the short-term variations measured for a portion of successfully delivered service frames over a 30 day period.
  3. Packet Loss. Packet Loss, also known as Frame Loss, is the difference between the number of service frames transmitted at the ingress UNI and the total number of service frames received at the egress UNI over a 30 day period.

 

Service Descriptions

 

  1. Ethernet Network Service (ENS). ENS enables customers to connect physically distributed locations across a Metropolitan Area Network (MAN) as if they are on the same Local Area Network (LAN). The service provides VLAN transparency enabling customers to implement their own VLANs without any coordination with Brightstar. ENS offers three Classes of Service (CoS): Basic, Priority, and Premium. CoS options enable customers to select the CoS that best meets their applications’ performance requirements. The service is offered with 10/100Mbps, 1Gbps or 10Gbps Ethernet User-to-Network Interfaces (UNI) and is available in increments starting at 1Mbps. The ENS Service is not available over a Brightstar HFC Network.

 

  1. Ethernet Private Line (EPL).EPL service enables customers to connect their Customer Premises Equipment (CPE) using a lower cost Ethernet interface. EPL service enables customers to use any VLANs or Ethernet control protocol across the service without coordination with Brightstar. EPL service provides one Ethernet Virtual Connection (EVC) between two customer locations. EPL offers three Classes of Service (CoS) including: Basic, Priority, and Premium. CoS options enable customers to select the CoS that best meets their applications’ performance requirements. EPL service is offered with 10/100Mbps, 1Gbps, or 10 Gbps Ethernet User-to-Network Interfaces (UNI) and is available in speed increments starting at 1Mbps. The EPL Service is only available with a Basic CoS when delivered over a Brightstar HFC Network.

 

  1. Ethernet Virtual Private Line (EVPL). EVPL service provides an Ethernet Virtual Connection (EVC) between two customer locations similar to Ethernet Private Line service but supports the added flexibility to multiplex multiple services (EVCs) on a single UNI at a customer’s hub or aggregation site. The service multiplexing capability is not available at sites served by the Brightstar HFC Network. EVPL offers three Classes of Service (CoS) including: Basic, Priority, and Premium. CoS options enable customers to select the CoS that best meets their applications’ performance requirements. The service is offered with 10/100Mbps, 1Gbps, or 10 Gbps Ethernet User-to-Network Interfaces (UNI) and is available in speed increments starting at 1Mbps. The EVPL Service is only available with a Basic CoS when delivered over a Brightstar HFC Network.

 

  1. Off-Net Service Limitations. The above categories of Service are available as Off-Net Services, with the following limitations:

 

  • Only available with Basic CoS;/li>
  • 10Gbps Ethernet UNIs are not available with Off-Net Services;
  • Service multiplexing capability is not available on Off-Net EVPL UNIs;
  • When ordering 10/100Mbps Off-Net Ethernet UNIs, speed increments may only be ordered in increments of 10 Mbps, up to a maximum size of 90Mbps; when ordering 1 Gbps Off-Net Ethernet UNIs, speed increments may only be ordered in increments of 100Mbps, up to a maximum size of 900Mbps.

 

Technical Specifications and Performance Standards for Services

 

  1. User-to-Network Interface. The Services provides the bidirectional, full duplex transmission of Ethernet frames using a standard IEEE 802.3 Ethernet interface. Figure 1 provides a list of available UNI physical interfaces and their available Committed Information Rate (CIR) bandwidth increments and Committed Burst Sizes (CBS). CIR increments of less than 10 Mbps are not available in conjunction with Off-Net Services.

 

UNI Speed UNI Physical Interface   CIR Increments CBS (bytes)
10 Mbps 10BaseT 1 Mbps 25,000
100 Mbps 100BaseT 10 Mbps 250,000
1 Gbps 1000BaseT or 1000BaseSX 100 Mbps 2,500,000
10 Gbps 10GBase-SR or 10GBase-LR 1000 Mbps 25,000,000

 

Figure 1: Available UNI interface types and CBS values for different CIR Increments

 

  1. Class of Service Option. Except as indicated below, Brightstar On-Net Ethernet Transport Services are available with three different classes of service. The CoS options allow for differentiated service performance levels for different types of network traffic. CoS is used to prioritize customer mission-critical traffic from lesser priority traffic in the network. The customer must specify a CIR for each CoS to indicate how much bandwidth should be assigned to each CoS. Only Basic CoS is available for Off-Net Services and On-Net Services delivered via the HFC Network. The performance metrics associated with each CoS are set forth in Attachment A-1.1 to the Product-Specific Attachment for Ethernet Service.

 

  1. CoS Identification and Marking. Customer must mark all packets using 802.1p CoS values as specified in Figure 3 to ensure the service will provide the intended CoS performance objectives..

 

CoS 802.1p
Premium 5
Priority 2-3
Basic 0-1
Figure 3: CoS Marking

 

  1. Traffic Management. Brightstar’s network traffic-policing policies restrict traffic flows to the subscribed CIR for each service class. If the customer-transmitted bandwidth rate for any CoS exceeds the subscription rate (CIR) and burst size (CBS), Brightstar will discard the non-conformant packets. For packets marked with a non-conformant CoS marking, the service will transmit them using the Basic service class without altering the customer’s CoS markings. Traffic management policies associated with Off-Net Services will conform to the policies enforced by the third-party service provider.

 

  1. Maximum Frame Size. The service supports a Maximum Transmission Unit (MTU) packet size of 1600 bytes to support untagged or 802.1Q tagged packet sizes. Jumbo Frame sizes can be supported on an Individual Case Basis (ICB).

 

 

SCHEDULE A-2

SERVICE LEVEL AGREEMENT

 

Ethernet Transport Version 1.3

Brightstar’s Ethernet Transport Services is backed by the following Service Level Agreement (“SLA”):

 

 

Definitions:

Capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Ethernet Transport Services PSA or the General Terms and Conditions.

“Planned Service Interruption” means any Service Interruption caused by planned work such as scheduled maintenance or planned enhancements or upgrades to the network.

 

“Service Interruption” means a complete loss of signal that renders the Service unusable.

 

Service Level Agreement (SLA)

Company’s liability for any Service Interruption (individually or collectively, “Liability”), shall be limited to the amounts set forth in the Tables below. For the purposes of calculating credit for any such Liability, the Liability period begins when the Customer reports to Company an interruption in the portion of the Service, provided that the Liability is reported by Customer during the duration of the Liability, and, a trouble ticket is opened; the Liability shall be deemed resolved upon closing of the same trouble ticket or the termination of the interruption, if sooner, less any time Company is awaiting additional information or premises testing from the Customer. In no event shall the total amount of credit issued to Customer’s account on a per-month basis exceed 50% of the total monthly recurring charge (“MRC”) associated with the impacted portion of the Service set forth in the Sales Order. Service Interruptions will not be aggregated for purposes of determining credit allowances. To qualify, Customer must request the Credit from Brightstar within thirty (30) days of the interruption. Customer will not be entitled to any additional credits for Service Interruptions. Brightstar shall not be liable for any Liability caused by force majeure events, Planned Service Interruptions or Customer actions, omission or equipment.

 

TABLE 1: SLA for On-Net Services provided over a Brightstar fiber-optic network

 

Length of Service Interruption: Amount of Credit:
Less than 4 minutes None
At least 4 minutes but less than 4 hours 5% of Total MRC
At least 4 hours but less than 8 hours 10% of Total MRC
At least 8 hours but less than 12 hours 20% of Total MRC
At least 12 hours but less than 16 hours 30% of Total MRC
At least 16 hours but less than 24 hours 40% of Total MRC
At least 24 hours or greater 50% of Total MRC

 

TABLE 2: SLA for On-Net Services provided over the HFC Network

 

Length of Service Interruption: Amount of Credit:
Less than 40 minutes None
At least 40 minutes but less than 4 hours 5% of Total MRC
At least 4 hours but less than 8 hours 10% of Total MRC
At least 8 hours but less than 12 hours 20% of Total MRC
At least 12 hours but less than 16 hours 30% of Total MRC
At least 16 hours but less than 24 hours 40% of Total MRC
At least 24 hours or greater 50% of Total MRC

 

TABLE 3: SLA for Off-Net Services

 

Length of Service Interruption: Amount of Credit:
Less than 20 minutes None
At least 20 minutes but less than 4 hours 5% of Total MRC
At least 4 hours but less than 8 hours 10% of Total MRC
At least 8 hours but less than 12 hours 20% of Total MRC
At least 12 hours but less than 16 hours 30% of Total MRC
At least 16 hours but less than 24 hours 40% of Total MRC
At least 24 hours or greater 50% of Total MRC

 

THE TOTAL CREDIT ALLOWANCES PER MONTH IS CAPPED AT 50% of THAT MONTH’S MRC FOR THE INTERRUPTED PORTIONS OF SERVICE. SEPARATELY OCCURING SERVICE INTERRUPTIONS ARE NOT AGGREGATED FOR THE PURPOSES OF DETERMINING CREDIT ALLOWANCES.

 

On-Net Service Monitoring, Technical Support and Maintenance

 

  1. Network Monitoring. Brightstar monitors On-Net Services on a 24x7x365 basis.
  2. Technical Support. Brightstar provides a toll-free trouble reporting telephone number to the Enterprise Technical Support (ETS) center that operates on a 24x7x365 basis. Brightstar provides technical support for service related inquiries. Technical support will not offer consulting or advice on issues relating to CPE or other equipment not provided by Brightstar.
    1. Escalation. Reported troubles are escalated within the Brightstar Business Services Network Operations Center (BNOC) to meet the response/restoration interval described below (Response and Restoration Standards). Service issues are escalated within the Brightstar BNOC as follows: to a Supervisor at the end of the applicable time interval plus one (1) hour; to a Manager at the end of the applicable time interval plus two (2) hours, and to a Director at the end of the applicable time interval plus four (4) hours.
    2. Maintenance. Brightstar’s standard maintenance window for On-Net Services is Sunday to Saturday from 12:00am to 6:00am local time. Scheduled maintenance for On-Net Services is performed during the maintenance window and will be coordinated between Brightstar and the Customer. Brightstar provides a minimum forty eight (48) hour notice for non-service impacting maintenance. Brightstar provides a minimum of seven (7) days notice for On-Net Service impacting planned maintenance. Emergency maintenance is performed as needed without advance notice to Customer. Maintenance for Off-Net Services shall be performed in accordance with the applicable third party service provider rules. Therefore, Off-Net Service may be performed without advance notice to Customer.
  3. Brightstar provides certain Brightstar Equipment for provisioning its services and the delivery of the UNI, which will reside on the Customer-side of the Demarcation Point. Brightstar will retain ownership and management responsibility for this Brightstar Equipment. This Brightstar Equipment must only be used for delivering Services. Customers are required to shape their egress traffic to the Committed Information Rate (“CIR”) identified in the Sales Order. Brightstar will be excused from paying SLA credits if the Service Interruption is the result of Customer’s failure to shape their traffic to the contracted CIR or utilizing Brightstar Equipment for non-Brightstar provided services.

 

Performance Standards

“Performance Standards” are set forth in Schedule A-1 to the Product-Specific Attachment for Ethernet Service.

 

Response and Restoration Standards

Brightstar has the following response and restoration objectives:

 

CATEGORY TIME INTERVAL MEASUREMENT REMEDIES
Mean Time to Respond Telephonically to Call 15 minutes Average Over A Month Escalation (see above)
Mean Time to Restore On-Net Brightstar Equipment 4 hour Average Over A Month Escalation (see above)
Mean Time to Restore Off-Net Equipment 6 hours Average Over A Month Escalation (see above)
Mean Time to Restore On-Net Services 6 hours Average Over A Month Escalation (see above)
Mean Time to Restore Off-Net Services 9 hours Average Over A Month Escalation (see above)

 

Customer shall bear any expense incurred, e.g., dispatch/labor costs, where a Service Interruption is found to be the fault of Customer, its end users, agents, representatives or third-party suppliers.

 

Emergency Blocking

The parties agree that if either party hereto, in its reasonable sole discretion, determines that an emergency action is necessary to protect its own network, the party may, after engaging in reasonable and good faith efforts to notify the other party of the need to block, block any transmission path over its network by the other party where transmissions do not meet material standard industry requirements. The parties further agree that none of their respective obligations to one another under the Agreement will be affected by any such blockage except that the party affected by such blockage will be relieved of all obligations to make payments for charges relating to the circuit(s) which is so blocked and that no party will have any obligation to the other party for any claim, judgment or liability resulting from such blockage.

 

Remedy Processes

All claims and rights arising under this Service Level Agreement must be exercised by Customer in writing within thirty (30) days of the event that gave rise to the claim or right. The Customer must submit the following information to the Customer’s Brightstar account representative with any and all claims for credit allowances: (a) Organization name; (b) Customer account number; and (c) basis of credit allowance claim (including date and time, if applicable). Brightstar will acknowledge and review all claims promptly and will inform the Customer by electronic mail or other correspondence whether a credit allowance will be issued or the claim rejected, with the reasons specified for the rejection.

 

Exceptions to Credit Allowances

A Service Interruption shall not qualify for the remedies set forth herein if such Service Interruption is related to, associated with, or caused by: scheduled maintenance events; Customer actions or inactions; Customer-provided power or equipment; any third party not contracted through Brightstar, including, without limitation, Customer’s users, third-party network providers, any power, equipment or services provided by third parties; or an event of force majeure as defined in the Agreement.

 

Other Limitations

The remedies set forth in this Service Level Agreement shall be Customer’s sole and exclusive remedies for any Service Interruption, outage, unavailability, delay, or other degradation, or any Brightstar failure to meet the service objectives.

 

Attachment A-1.1

PERFORMANCE OBJECTIVES

Ethernet Transport Version 1.3

Brightstar Ethernet Transport Services are available both within and between major metropolitan areas throughout the United States. The performance objectives associated with traffic flows between any two customer sites are dependent upon the locations of respective A and Z sites.

 

 

Access Types

  1. On-Net Access. If On-Net A and Z sites reside within the same Market, Performance Tier 1 objectives will apply. If the sites are in different markets, another Performance Tier will apply.
  2. Off-Net Access. In addition to On-Net Access, Brightstar enables Off-Net Access to Ethernet Transport Services via multiple third party providers. The Performance Tier for Off-Net Access is based upon the location of the Off-Net site, the location of the Network to Network Interface (NNI) between Brightstar and the third party provider and the performance commitment from the third party provider. Brightstar will specify applicable Performance Tier on the quotation for applicable Off-Net site. Standard Off-Net Access will have an assigned home market and will include the same performance metrics associated with On-Net connectivity within the respective market and between markets. Extended Off-Net Access provides customer with network connectivity, but at a higher performance Tier. Extended Off-Net Access is currently only available in the State of Texas and Performance Tier 2 will always apply.

 

Performance Tiers

  1. Performance Measurement.Brightstar collects continuous in-band performance measurements for its Ethernet Transport Services. All latency, Jitter and Packet Loss Performance Metrics are based upon sample measurements taken during a calendar month.2. Performance Tier 1 (PT1) Objectives – Within Market.

 

Performance Metric Class of Service (CoS)
Basic Priority Premium
Latency (Network Delay) 45ms 23ms 12ms
Jitter (Network Delay Variation) 20ms 10ms 2ms
Packet Loss <1% <0.01% <0.001%

 

  1. Performance Tier 2 (PT2) Objectives.
Performance Metric Class of Service (CoS)
Basic Priority Premium
Latency (Network Delay) 90ms N/A N/A
Jitter (Network Delay Variation) 40ms N/A N/A
Packet Loss <1% N/A N/A

 

Contact Information

Physical Address:
BrightStar Communications
2301 Columbia Pike, Suite 125A
Arlington, Virginia 22204
Phone: (202) 525-7724
E-mail: info@brightstarone.com

Mail Address:
BrightStar Communications
Address: 1350 Beverly Rd
Suite 115-257
McLean, VA 22101