Telephonic communications – Diagnostic testing – malfunction indication – or electrical... – Of trunk or long line
Reexamination Certificate
2002-06-18
2004-01-13
Kuntz, Curtis (Department: 2643)
Telephonic communications
Diagnostic testing, malfunction indication, or electrical...
Of trunk or long line
C379S027010
Reexamination Certificate
active
06678355
ABSTRACT:
TECHNICAL FIELD OF THE INVENTION
This invention relates generally to testing methodologies and more particularly to metrics-related testing of an Operational Support System (OSS) of an incumbent provider for compliance with a regulatory scheme.
BACKGROUND OF THE INVENTION
In the United States, a regulatory entity of a state or other jurisdiction may be tasked with considering whether, and to what extent, an ILEC is in compliance with the requirements of Section 271 of The Telecommunications Act of 1996 (“the 1996 Act”). The 1996 Act, together with associated Federal Communications Commission (FCC) interpretations, generally require an ILEC seeking to enter the market for long distance telecommunications services to: (1) provide the relevant CLEC community with non-discriminatory access to the ILEC's OSSs, subject to suitable terms and conditions; (2) provide documentation and support necessary for CLECs to use these OSSs; and (3) demonstrate that these OSSs are operationally ready and provide an acceptable level of performance to the CLEC community. Compliance with these requirements should, for example, allow CLECs to obtain pre-ordering information, fulfill orders for resale services and unbundled network elements (UNEs), manage problems, and obtain billing information in a manner that is non-discriminatory as compared to the ILEC's own retail operations.
The regulatory entity may retain an independent testing entity to test and evaluate the readiness of the ILEC's OSS interfaces, documentation, and processes to support local market entry by CLECs. Based on its testing activities, the testing entity may generate a report documenting the manner in which its testing activities were conducted, results of the testing activities, and its evaluations based on the results. The audience for the report will generally fall into two main categories: (1) readers who will use the report in connection with the regulatory process, and (2) any other interested parties who may have some stake in the matter and wish to have visibility into the testing activities, results, and evaluations (e.g., the ILEC being evaluated, the CLECs, and other ILECs). While many of the above parties may have some interest in the outcome of the testing activities, typically only the regulatory entity and the ILEC are parties to the contract with the testing entity.
SUMMARY OF THE INVENTION
According to the present invention, problems and disadvantages associated with testing OSSs of an incumbent provider may be reduced or eliminated.
In one embodiment of the present invention, a method is provided for testing one or more operational support systems (OSSs) of an incumbent provider for compliance with a regulatory scheme, the method performed by an independent testing entity attempting to emulate a competitive provider that would access the OSSs in attempting to compete with the incumbent provider in an open market. For each test of an OSS, the method includes performing a test entrance review, according to predetermined review guidelines and prior to initiation of active testing of the OSS for the test, to ensure that all required entrance criteria for the test have been satisfied. Active testing of the OSS is conducted for the test according to a written detailed test plan for the test, and performance of the incumbent provider during active testing is evaluated according to predetermined evaluation criteria for the test. A written exception is generated for each aspect of the test for which the testing entity determines during active testing that the incumbent provider fails to satisfy one or more applicable predetermined evaluation criteria, the exception describing such failure and the potential impact of the failure on competitive providers that would access the OSS in attempting to compete with the incumbent provider in an open market. For each exception, the method includes submitting the exception to the incumbent provider for review and receiving a written response to the exception from the incumbent provider, the response describing one or more planned corrective activities of the incumbent provider to remediate the associated failure. Subsequent to the corrective activities being performed, additional active testing of the OSS is conducted according to the detailed test plan with respect to the corresponding aspect of the test, and performance of the incumbent provider during the additional active testing is evaluated according to the evaluation criteria applicable to the corresponding aspect of the test. If the exception is cleared, based on the incumbent provider satisfying the applicable evaluation criteria during the additional active testing, a written closure statement is generated for the exception. If the exception is not cleared, based on the incumbent provider again failing to satisfy the applicable evaluation criteria during the additional active testing, then the submitting, receiving, conducting, and evaluating steps are repeated until the exception is cleared or a predetermined time period for the test has elapsed. The method further includes generating test results for the test; performing a test exit review, according to the predetermined review guidelines and subsequent to completion of active testing, to ensure that active testing was conducted in accordance with the detailed test plan, that the test results are appropriately supported, and that all required exit criteria for the test have been satisfied; and issuing a final report for the test providing a sufficient basis for a regulatory entity administering the regulatory scheme to determine the compliance of the incumbent provider with the regulatory scheme.
In another embodiment of the present invention, a method is provided for testing one or more operational support systems (OSSs) of an incumbent provider for compliance with a regulatory scheme, the method performed by an independent testing entity attempting to emulate a competitive provider that would access the OSSs in attempting to compete with the incumbent provider in an open market. For each test of an OSS, the method includes conducting active testing of the OSS for the test according to a written detailed test plan for the test and evaluating performance of the incumbent provider during active testing according to predetermined evaluation criteria for the test. A written exception is generated for each aspect of the test for which the testing entity determines during active testing that the incumbent provider fails to satisfy one or more applicable evaluation criteria, the exception describing such failure and the potential impact of the failure on competitive providers that would access the OSS in attempting to compete with the incumbent provider in an open market. For each exception, an exception resolution process is conducted and includes recording the exception in a master list of exceptions comprising an exception identifier for each exception and a status of each exception, the status for the exception being updated as appropriate during the exception resolution process. The exception is submitted to the incumbent provider for review, the exception submitted to the incumbent provider being considered a draft exception, the exception having a draft status in the master list of exceptions. A written response to the draft exception is received from the incumbent provider challenging the draft exception on one or more factual bases. It is determined in cooperation with a regulatory entity administering the regulatory scheme that the draft exception should not be withdrawn, the draft exception being considered an open exception in response to the determination that the draft exception should not be withdrawn, the exception having an open status in the master list of exceptions. A written response to the open exception is received from the incumbent provider describing one or more planned corrective activities of the incumbent provider to remediate the associated failure. Subsequent to the corrective activities being performed, additional active testing
Eringis John E.
Minnig Stephen C.
Schwartz Sheryl R.
Sears, III Raymond W.
Spoley Susan E.
Baker & Botts L.L.P.
BearingPoint, Inc.
Kuntz Curtis
Taylor Barry W
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