Miscellaneous Notes Clause Samples

Miscellaneous Notes. 1. In the event a Party desires to deliver Local Traffic to a LSWC (i) that is not located within 25 miles of the Tandem Office to which it is subtended, or (ii) where the Tandem Office that it subtends is not located within 25 miles of the Tandem Office that is subtended by the terminating End Office, or (iii) that is not located within 25 miles of the Tandem Office that is subtended by the terminating End Office, then such Party shall (x) in addition to paying the LSWC/Access Tandem termination rate described above, purchase the necessary facilities from the terminating Party to transport such Traffic to a qualifying LSWC or Access Tandem that is not subject to any of conditions (i), (ii), or (iii) above, (y) purchase such other service(s) as the terminating Party may offer under applicable tariff to remedy such condition(s), or (z) enter into a new compensation arrangement as the Parties may agree. Notwithstanding the foregoing, nothing in this Agreement shall obligate BA to provide switching services at a LSWC when it functions as such. 2. In the event the two-tiered rate structure described above is modified pursuant to Applicable Law to a single rate structure, BA and ETC (to the extent ETC is offering a multiple-tiered interconnection structure) shall each have the right to apply its tariffed switched access transport charges for transporting Local Traffic it receives at its LSWC to the first point of switching in its network in the LATA. 3. The ETC termination rate under the single-tiered interconnection structure set forth above is intended by the Parties to be a Local Traffic termination rate for Interconnection to the ETC-IP within each LATA that is reciprocal and equal to the actual rates that will be charged by BA to ETC under the two-tiered Local Traffic termination rate structure described above that will apply after the first anniversary of the Effective Date. The single ETC termination rate is also intended to provide financial incentives to ETC to deliver traffic directly to BA’s terminating End Offices once ETC’s traffic volumes reach an appropriate threshold. The Parties agree that the Reciprocal Compensation rate(s) set forth herein recover a reasonable approximation of each Party’s additional costs of terminating calls that originate on the network facilities of the other Party.

Miscellaneous Notes. 1. The Qwest termination rate under the single-tiered interconnection structure set forth above is intended to be a Local Traffic termination rate for Interconnection to the Qwest-IP within each LATA that is reciprocal and equal to the actual rates that will be charged by BA to Qwest under the two-tiered Local Traffic termination rate structure described above that will apply after the first anniversary of the Effective Date. The single Qwest termination rate is also intended to provide financial incentives to Qwest to deliver traffic directly to BA’s terminating End Offices once Qwest’s traffic volumes reach an appropriate threshold. BA-PA/Qwest 2 In accordance with the provisions of Section 3 of the Agreement, the Parties shall make their best efforts to meet the following initial Milestones no later than the listed Dates. LATA LATA Start Date TBD SS7 Certification, Collocation, Operator Services/DA Facilities, and NXX(s) Applied For TBD Parties Agree on Trunking Arrangements for Traffic Exchange TBD Valid Access Service Request(s) (“ASRs”) for Traffic Exchange Trunk Groups and Routing Information Received by BA TBD Valid Orders for 911 Facilities Received by BA TBD All Trunks (Traffic Exchange, Operator Services/DA, 911) Tested and Turned Up TBD SS7 Certification Achieved; 1 Collocation Arrangements Complete for Trunk Interconnection and Access to Network Elements TBD Arrangements for Alternate-Billed Calls Agreed Upon TBD Call-through Testing Completed; “Interconnection Activation Date” TBD Failure of a Party or the Parties to meet an earlier Milestone Date shall not relieve either Party of the responsibility to make its best efforts to meet subsequent Milestone Date(s) in the LATA, unless, and only to the extent that, the subsequent Milestone Date(s) depend on the timely completion of such earlier Milestone Date. For purposes of Section 3, (i) business Telephone Exchange Service shall be considered “fully operational” in a LATA in Pennsylvania when Qwest has an effective Tariff for business Telephone Exchange Service in Pennsylvania and a significant number of Telephone Exchange Service Customer lines in service for business Telephone Exchange Service Customers in that LATA in Pennsylvania that are not affiliates or employees of either BA or Qwest, and (ii) residential Telephone Exchange Service shall be considered “fully operational” in a LATA in Pennsylvania when Qwest has an effective Tariff for residential Telephone Exchange Service in Pennsylvani...

Miscellaneous Notes. 1. The Conversent termination rate under the single-tiered interconnection structure set forth above is intended to be a Local Traffic termination rate for Interconnection to the Conversent-IP within each LATA that is reciprocal and equal to the actual rates that will be charged by BA to Conversent under the two-tiered Local Traffic termination rate structure described above that will apply after the first anniversary of the Effective Date. The single Conversent termination rate is also intended to provide financial incentives to Conversent to deliver traffic directly to BA’s terminating End Offices once Conversent’s traffic volumes reach an appropriate threshold. This MCImetro/Bell Atlantic Interconnection Agreement (the “Agreement”), effective on the date the Pennsylvania Public Utility Commission approves this Agreement, is entered into by and between MCImetro Access Transmission Services, Inc. (“MCIm”), a Delaware corporation, and Bell Atlantic-Pennsylvania, Inc. (“Bell Atlantic” or “BA”), a Pennsylvania corporation, to establish the rates, terms and conditions for the purchase and provision of Local Interconnection, Local Resale, unbundled Network Elements and other services, all as set forth in this Agreement (individually referred to as the “service” or collectively as the “services”) for the purpose of the purchasing Party’s provision of Telephone Exchange Service, Exchange Access Service, and/or Telecommunications Services.

Miscellaneous Notes. 1. The Covad termination rate under the single-tiered interconnection structure set forth above is intended by the Parties to be a Reciprocal Compensation Traffic termination rate for Interconnection to the Covad-IP within each LATA that is reciprocal and equal to the actual rates that will be charged by BA to Covad under the two-tiered Reciprocal Compensation Traffic termination rate structure described above. Under this single-tiered interconnection structure, the Covad termination rate for Reciprocal Compensation Traffic is also intended to provide financial incentives to Covad to deliver traffic directly to BA’s terminating End Offices once Covad’s traffic volumes reach an appropriate threshold. The Parties agree that the Reciprocal Compensation rate(s) set forth herein recover a reasonable approximation of each Party’s additional costs of terminating calls that originate on the network facilities of the other Party.

Miscellaneous Notes. All employees are required to pass a proficiency test before being upgraded.

Miscellaneous Notes. Additional financing may be required for CI members located in Canada, and will vary depending on the province and other factors to be established individually.

Miscellaneous Notes. 1. The USWest termination rate under the single-tiered interconnection structure set forth above is intended to be a Local Traffic termination rate for Interconnection to the USWest-IP within each LATA that is reciprocal and equal to the actual rates that will be charged by BA to USWest under the two-tiered Local Traffic termination rate structure described above that will apply after the first anniversary of the Effective Date. The single USWest termination rate is also intended to provide financial incentives to USWest to deliver traffic directly to BA’s terminating End Offices once USWest’s traffic volumes reach an appropriate threshold. 1. Each Party shall promptly consider and analyze access to a new unbundled Network Element with the submission of a Network Element Bona Fide Request hereunder. The Network Element Bona Fide Request process set forth herein does not apply to those services requested pursuant to Report & Order and Notice of Proposed Rulemaking 91-141 (rel. Oct. 19, 1992) ¶ 259 and n.603 or subsequent orders. 2. A Network Element Bona Fide Request shall be submitted in writing and shall include a technical description of each requested Network Element. 3. The requesting Party may cancel a Network Element Bona Fide Request at any time, but shall pay the other Party's reasonable and demonstrable costs of processing and/or implementing the Network Element Bona Fide Request up to the date of cancellation.

Miscellaneous Notes. 1. The Global termination rate under the single-tiered interconnection structure set forth above is intended to be a Local Traffic termination rate for Interconnection to the Global-IP within each LATA that is reciprocal and equal to the actual rates that will be charged by BA to Global under the two-tiered Local Traffic termination rate structure described above that will apply after the first anniversary of the Effective Date. The single Global termination rate is also intended to provide financial incentives to Global to deliver traffic directly to BA’s terminating End Offices once Global’s traffic volumes reach an appropriate threshold. 1. Each Party shall promptly consider and analyze access to a new unbundled Network Element with the submission of a Network Element Bona Fide Request hereunder. The Network Element Bona Fide Request process set forth herein does not apply to those services requested pursuant to Report & Order and Notice of Proposed Rulemaking 91-141 (rel. Oct. 19, 1992) ¶ 259 and n.603 or subsequent orders. 2. A Network Element Bona Fide Request shall be submitted in writing and shall include a technical description of each requested Network Element. 3. The requesting Party may cancel a Network Element Bona Fide Request at any time, but shall pay the other Party's reasonable and demonstrable costs of processing and/or implementing the Network Element Bona Fide Request up to the date of cancellation. 4. Within ten (10) business days of its receipt, the receiving Party shall acknowledge receipt of the Network Element Bona Fide Request. 5. Except under extraordinary circumstances, within thirty (30) days of its receipt of a Network Element Bona Fide Request, the receiving Party shall provide to the requesting Party a preliminary analysis of such Network Element Bona Fide Request. The preliminary analysis shall confirm that the receiving Party will offer access to the Network Element or will provide a detailed explanation that access to the Network Element is not technically feasible and/or that the request does not qualify as a Network Element that is required to be provided under the Act. 6. If the receiving Party determines that the Network Element Bona Fide Request is technically feasible and otherwise qualifies under the Act, it shall promptly proceed with developing the Network Element Bona Fide Request upon receipt of written authorization from the requesting Party. When it receives such authorization, the receiving Party shall prom...

Miscellaneous Notes. 1. The Sprint termination rate under the single-tiered interconnection structure set forth above is intended to be a Local Traffic termination rate for Interconnection to the Sprint-IP within each LATA that is reciprocal and equal to the actual rates that will be charged by BA to Sprint under the two-tiered Local Traffic termination rate structure described above that will apply after the first anniversary of the Effective Date. The single Sprint termination rate is also intended to provide financial incentives to Sprint to deliver traffic directly to BA’s terminating End Offices once Sprint’s traffic volumes reach an appropriate threshold. Section 1. Introduction Section 2. Unbundled Network Elements