Bill-and-Keep Clause Samples

Bill-and-Keep. The Parties shall assume that Local Traffic originated by or terminating to the Parties’ end-user customers is roughly balanced between the Parties unless traffic studies indicate otherwise. Accordingly, the Parties agree to use a Bill-and-Keep Arrangement with respect to termination of Local Traffic only. Either Party may initiate a traffic study no more frequently than once a quarter. Such traffic study shall examine all Local Traffic excluding Local Traffic that is also Information Access Traffic. Should such traffic study indicate, in the aggregate, that either Party is terminating more than sixty percent (60%) of the Parties’ total terminated minutes for Local Traffic, excluding Local Traffic that is also Information Access Traffic, either Party may notify the other that mutual compensation will commence pursuant to the rates set forth in Appendix A of this Agreement and following such notice it shall begin and continue for the duration of the Term of this Agreement unless otherwise agreed. Local Traffic that is also Information Access Traffic will remain subject to Bill-and-Keep.

Bill-and-Keep. 1 The charges for Local Traffic Termination set out in this Section A.I, “Local Traffic Termination,” are adopted pursuant to Paragraphs 89 through 94 of the FCC’s Order on Remand and Report and Order, In the Matter of Implementation of the Local Competition Provisions in the Telecommunications Act of 1996, Intercarrier Compensation for ISP-Bound Traffic, FCC 01-131, CC Docket Nos. 96-98 and 99-68, 16 FCC Rcd 9151 (4/18/01). The dates shown in this schedule are not intended to modify the term of the Agreement or to affect either Party’s right to exercise any right of termination it may have under the Agreement.

Bill-and-Keep. The Parties shall assume that Local Traffic originated by or terminating to the Parties’ end-user customers is roughly balanced between the parties unless traffic studies indicate otherwise. Accordingly, the Parties agree to use a Bill-and-Keep Arrangement with respect to termination of Local Traffic only. Either Party may request that a traffic study be performed no more frequently than once a quarter. Should such traffic study indicate, in the aggregate, that either Party is terminating more than 60 percent of the Parties' total terminated minutes for Local Traffic, either Party may notify the other that mutual compensation will commence pursuant to the rates set forth in Appendix A of this Agreement and following such notice it shall begin and continue for the duration of the Term of this Agreement unless otherwise agreed. Nothing in this Section 3.2.2 shall be interpreted to (i) change compensation set forth in this Agreement for traffic or services other than Local Traffic, including but not limited to internetwork facilities, access traffic or wireless traffic, or (ii) allow either Party to aggregate traffic other than Local Traffic for the purpose of compensation under the Bill-and-Keep Arrangement described in this Section 3.2.2, except as set forth in Section 3.1 above.

Bill-and-Keep does not apply to Local Traffic or ISP-Bound Traffic originated by CLEC or a third party, transiting Sprint’s network, and terminated by CLEC or a third party (i.e. Transit Traffic) in which case applicable transit charges will apply as set forth in Section 60.7. Sprint will not assume transport and termination liabilities on behalf of the calls originated by CLEC and terminated to a third party or originated by a third party and terminated by CLEC.

Bill-and-Keep. Arrangement - a compensation arrangement whereby the Parties do not render bills to each other for the termination of Local Traffic specified in this Agreement and whereby the Parties terminate local exchange traffic originating from end-users served by the networks of the other Party without explicit charging among or between said carriers for such traffic exchange.

Bill-and-Keep. The Parties shall assume that Local Traffic originated by or terminating to the Parties’ end-user customers is roughly balanced between the parties. Accordingly, the Parties agree to use a Bill-and-Keep Arrangement with respect to termination of Local Traffic and Internet Service Provider (ISP) traffic only. Nothing in this Section 3.2.2 shall be interpreted to (i) change compensation set forth in this Agreement for traffic or services other than Local Traffic and Internet Service Provider traffic, including but not limited to internetwork facilities, access traffic or wireless traffic, or (ii) allow either Party to aggregate traffic other than Local Traffic for the purpose of compensation under the Bill-and-Keep Arrangement described in this Section 3.2.2, except as set forth in Section 3.1 above. The Parties agree to abide by Commission or FCC rules regarding the exchange of traffic should such rules be changed.

Bill-and-Keep. The Parties agree to the rebuttable presumption, pursuant to the FCC’s Order on Remand and Report and Order, FCC 01-131, CC Dockets No. 96-98 and 99-68, adopted April 18, 2001 (“ISP Order on Remand”), that all combined circuit switched Local and Information Access Traffic delivered to one Party by the other that exceeds a 3:1 ratio of terminating to originating traffic on a statewide basis (“Out-of-Balance Traffic) shall be considered Information Access Traffic for compensation purposes and shall be billed under a bill and keep compensation arrangement. The Parties further agree that all combined circuit switched Local and Information Access Traffic delivered to one Party by the other that does not exceed a 3:1 ratio of terminating to originating traffic on a statewide basis (In-Balance Traffic) shall be considered Local Traffic for compensation purposes and shall be billed by each Party at the rate specified in Appendix A for Local Traffic unless a Party can identify and measure traffic to specific ISP telephone numbers that shows true ISP- bound to be less than a 3:1 ratio. In such a case, only proven non-ISP- bound traffic shall be considered Local Traffic for compensation purposes.

Bill-and-Keep. The Parties shall assume that Local Traffic originated by or terminating to the Parties' end-user customers is roughly balanced between the parties unless traffic studies indicate otherwise. Accordingly, the Parties agree to use a Bill-and-Keep Arrangement with respect to termination of Local Traffic only. Either Party may request that a traffic study be performed no more frequently than once a quarter. Should such traffic study indicate, in the aggregate, that either Party is terminating more than 60 percent of the Parties' total terminated minutes for Local Traffic for a period of six (6) consecutive months, either Party may notify the other that mutual compensation will commence pursuant to the rates set forth in Appendix A of this Agreement and following such notice it shall begin and continue for the duration of the Term of this Agreement unless otherwise agreed.

Bill-and-Keep applies to traffic between a CLEC End Office and an CenturyLink Tandem or End Office and is limited to twenty-four (24) DSO trunks (one-way from CLEC to Embarq).