Local Traffic Compensation. 4.4.1 The rates, terms, conditions contained herein apply only to the termination of Local Traffic on the Parties’ networks. All applicable rate elements can be found in Article VII- Pricing. 4.4.2 Where two-way traffic is exchanged, the applicable termination charges due to CenturyLink pursuant to Section 4.2.2.1 will be reduced by the reciprocal percentage of traffic on such Interconnection Facilities that originates on CenturyLink’s network and terminates on Pine Belt’s network. These percentages are referred to as Traffic Factors in the Pricing Article. These percentages may also be referred to, from time to time as the Traffic Usage Factors. The Parties agree that, at either Party’s request, they will review the initial percentages based on actual usage after the initial six (6) months and will revise the percentage at that time based on actual traffic patterns during the preceding six (6) months. Such traffic study shall examine all Local Traffic excluding Local Traffic that is also Information Access Traffic and/or ISP-Bound Traffic. When the actual usage data in the study indicates that the Local Traffic terminated both directly or indirectly by either Party, excluding Local Traffic that is also Information Access Traffic and/or ISP-Bound Traffic has changed by a factor of 5% or greater for three (3) consecutive months in favor of either Party, that Party may notify the other Party by registered letter that mutual compensation will commence for such Local Traffic, excluding Local Traffic that is also Information Access Traffic and/or ISP-Bound Traffic, pursuant to the rates set forth in the-Pricing Article of this Agreement. The written notice must be accompanied by verifiable information supporting the percentage determination, except that such information may alternatively be sent in electronic format at the notifying Party’s discretion or the receiving Party’s request. Following such notice, billing shall begin and continue for the duration of the Term of this Agreement unless the percentage determination is reversed pursuant to the dispute resolution process or subsequent traffic studies (not more frequent than every 6 months) indicate that the traffic has changed by a factor of 5% in favor of either Party.
Appears in 1 contract
Sources: Interconnection and Reciprocal Compensation Agreement
Local Traffic Compensation. 4.4.1 75.14.1. The rates, terms, conditions contained herein apply only to the termination of Local Traffic on the Parties’ networks. All applicable rate elements can be found in Article VII- Pricing.
4.4.2 Where two-way traffic is exchanged, the applicable termination charges due to CenturyLink pursuant to Section 4.2.2.1 will be reduced by the reciprocal percentage of traffic on such Interconnection Facilities that originates on CenturyLink’s network and terminates on Pine Belt’s network. These percentages are referred to as Traffic Factors in the Pricing Article. These percentages may also be referred to, from time to time as the Traffic Usage Factors75.14.2. 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 that, at either Party’s request, they will review the initial percentages based on actual usage after the initial six (6) months and will revise the percentage at that time based on actual to use a ▇▇▇▇- and-Keep Arrangement with respect to termination of Local Traffic only. Either Party may initiate a traffic patterns during the preceding study no more frequently than once every six (6) months. Such traffic study shall examine all Local Traffic excluding Local Traffic that is also Information Access Traffic and/or ISP-Bound Traffic. When the actual usage data in the study indicates that the Local Traffic terminated both directly or indirectly by either Party, excluding Local Traffic that is also Information Access Traffic and/or ISP-Bound Traffic has changed by a factor Traffic, is more than sixty percent (60%) of 5% or greater the total combined terminated minutes of both Parties for three (3) consecutive months in favor of either Partymonths, that Party may notify the other Party by registered letter that mutual compensation will commence for such Local Traffic, excluding Local Traffic that is also Information Access Traffic and/or ISP-Bound Traffic, pursuant to the rates set forth in the-Pricing Article VII of this Agreement. The written notice must be accompanied by verifiable information supporting the percentage out-of- balance determination, except that such information may alternatively be sent in electronic format at the notifying Party’s discretion or the receiving Party’s request. Following such notice, billing shall begin and continue for the duration of the Term of this Agreement unless the percentage out-of-balance determination is reversed pursuant to the dispute resolution process or subsequent traffic studies (not more frequent than every 6 months) indicate that the traffic has changed by a factor to reflect that neither Party terminates more than 60% of 5% in favor of either Partythe total traffic.
Appears in 1 contract
Sources: Interconnection, Resale and/or Unbundling Agreement