Common use of Network Connections Clause in Contracts

Network Connections. 3.1 In each exchange area in which either Party wishes to exchange traffic with the other Party’s End Users and/or utilize the other Party’s facilities for a transiting function, each Party, at a minimum, will: 3.1.1 Route such traffic via direct network facilities to either a) each others access and local tandem(s) or End Offices (upon mutual agreement of the parties), meeting the other Party’s facilities at the existing Exchange Area Boundary (EAB) (see section 3.2.2 for exclusions); or b) another mutually agreed upon point. 3.1.1.1 Specific facility arrangements required to interconnect the Parties’ networks shall be negotiated by the Parties’. Where the LEC providing FX-NXX service, also operates as a CLEC within SBC ILEC exchange, and whose switch is located in the SBC ILEC exchange; the existing interconnection facility between the parties’ within the SBC ILEC exchange may be considered as an option for interconnection, provided a separate and distinct portion of this existing facility can be established as further defined below in section 3.5. 3.1.1.2 For FX-NXX service, the interconnection facilities and trunks between the Parties’ networks shall only be used for traffic exchanged between the Parties’. No Third Party traffic shall be routed over these facilities, except where ICG is unable to interconnect with Rural/Independent Telecommunications Carriers (or any other “exempted” carriers). Notwithstanding this exception, ICG will exert reasonable effort to interconnect with such Carriers. 3.1.2 Route such traffic to the other Party utilizing a Third Party incumbent LECs facilities and/or utilizing another Third Party Telecommunications Carrier’s facilities with whom the Party already has an agreement for exchanging like traffic. The Parties acknowledge and agree that this option may not be implemented without the written agreement of the Third Party incumbent LEC and/or Telecommunications Carrier as well as the mutual consent of each of the Parties. The Parties further agree that in order for this option to be considered, it is the responsibility of the originating Party to obtain the required written permission from the Third Party incumbent LEC and/or Telecommunications Carrier. 3.2 The Parties acknowledge and agree that when traffic destined for an SBC ILEC tandem exceeds a DS1’s amount of traffic and/or that it is more efficient to connect via direct End Office connections, ICG shall establish a direct End Office trunk group and provide transport for that trunk group to the exchange where the SBC ILEC or Third Party incumbent LEC’s and /or Telecommunications Carrier’s End Office is located. In a FX-NXX arrangement, the LEC agrees to directly connect to all Third Partys’ for the routing of the traffic associated with this service. FX-NXX shall not be transited over the SBC ILEC’s network except where ICG is unable to interconnect with Rural/Independent Telecommunications Carriers (or any other “exempted” carriers). Notwithstanding this exception, ICG will exert reasonable effort to interconnect with such Carriers . 3.2.1 The Parties agree, that at a minimum, ICG shall establish a logical trunk group for local and IntraLata traffic from ICG to each SBC ILEC serving tandem in a LATA. This requirement may be waived upon mutual agreement of the parties. 3.2.2 Transport facilities for 911, Choke, OS/DA and InterLATA trunking are the responsibility of LEC from LEC to the serving tandem or platform that provides each such service type; The parties recognize in data-only applications such trunking may not be necessary and therefore this requirement shall be waived by SBC-ILEC. 3.3 ICG shall route originating Local, and IntraLATA Toll Calls to the serving tandem as defined by the tandem owner in the LERG. If SBC ILEC is the designated InterLATA serving tandem provider for the Rate Center of concern, SBC ILEC shall verbally designate the specific InterLATA tandem(s) that will serve ICG. 3.4 If SBC ILEC is not the serving tandem as reflected in the LERG, then ICG may route local and/or IntraLATA traffic destined for End Office End Users that subtend an SBC ILEC tandem directly to the serving SBC ILEC tandem or End Office, as described by Bellcore Notes On The Networks, upon mutual agreement of the Parties. Such tandem routing of other traffic types may be considered and effected upon mutual agreement of the Parties. Such agreement shall not be unreasonably withheld. 3.5 If ICG utilizes the switch of a Third Party incumbent LEC, the LEC’s own facilities within SBC ILEC exchange, as outlined in section 3. 1.1.1 above and/or any other Telecommunications Carrier to switch LEC’s calls; ICG must provide the following as separate and distinct from the Third Party carrier or existing facilities.

Network Connections. 3.1 In each exchange area in which either Party wishes to exchange traffic with the other Party’s End Users and/or utilize the other Party’s facilities for a transiting function, each Party, at a minimum, will: 3.1.1 Route such traffic via direct network facilities to either a) each others access and local tandem(s) or End Offices (upon mutual agreement of the parties), meeting the other Party’s facilities at the existing Exchange Area Boundary (EAB) (see section 3.2.2 for exclusions); or b) another mutually agreed upon point. 3.1.1.1 Specific facility arrangements required to interconnect the Parties’ networks shall be negotiated by the Parties’. Where the LEC providing FX-NXX service, also operates as a CLEC within SBC ILEC exchange, and whose switch is located in the SBC ILEC exchange; the existing interconnection facility between the parties’ within the SBC ILEC exchange may be considered as an option for interconnection, provided a separate and distinct portion of this existing facility can be established as further defined below in section 3.5. 3.1.1.2 For FX-NXX service, the interconnection facilities and trunks between the Parties’ networks shall only be used for traffic exchanged between the Parties’. No Third Party traffic shall be routed over these facilities, except where ICG is unable to interconnect with Rural/Independent Telecommunications Carriers (or any other “exempted” carriers). Notwithstanding this exception, ICG will exert reasonable effort to interconnect with such Carriers. 3.1.2 Route such traffic to the other Party utilizing a Third Party incumbent LECs facilities and/or utilizing another Third Party Telecommunications Carrier’s facilities with whom the Party already has an agreement for exchanging like traffic. The Parties acknowledge and agree that this option may not be implemented without the written agreement of the Third Party incumbent LEC and/or Telecommunications Carrier as well as the mutual consent of each of the Parties. The Parties further agree that in order for this option to be considered, it is the responsibility of the originating Party to obtain the required written permission from the Third Party incumbent LEC and/or Telecommunications Carrier. 3.2 The Parties acknowledge and agree that when traffic destined for an SBC ILEC tandem exceeds a DS1’s amount of traffic and/or that it is more efficient to connect via direct End Office connections, ICG LEC shall establish a direct End Office trunk group and provide transport for that trunk group to the exchange where the SBC ILEC or Third Party incumbent LEC’s and /or Telecommunications Carrier’s End Office is located. In a FX-NXX arrangement, the LEC agrees to directly connect to all Third Partys’ for the routing of the traffic associated with this service. FX-NXX shall not be transited over the SBC ILEC’s network except where ICG is unable to interconnect with Rural/Independent Telecommunications Carriers (or any other “exempted” carriers). Notwithstanding this exception, ICG will exert reasonable effort to interconnect with such Carriers network. 3.2.1 The Parties agree, that at a minimum, ICG LEC shall establish a logical trunk group for local and IntraLata traffic from ICG LEC to each SBC ILEC serving tandem in a LATA. This requirement may be waived upon mutual agreement of the parties. 3.2.2 Transport facilities for 911, Choke, OS/DA and InterLATA trunking are the responsibility of LEC from LEC to the serving tandem or platform that provides each such service type; The parties recognize in data-only applications such trunking may not be necessary and therefore this requirement shall be waived by SBC-ILEC. 3.3 ICG LEC shall route originating Local, and IntraLATA Toll Calls to the serving tandem as defined by the tandem owner in the LERG. If SBC ILEC is the designated InterLATA serving tandem provider for the Rate Center of concern, SBC ILEC shall verbally designate the specific InterLATA tandem(s) that will serve ICGLEC. 3.4 If SBC ILEC LEC is not the serving tandem as reflected in the LERG, then ICG the LEC may route local and/or IntraLATA traffic destined for End Office End Users that subtend an SBC ILEC tandem directly to the serving SBC ILEC tandem or End Office, as described by Bellcore Notes On The Networks, upon mutual agreement of the Parties. Such tandem routing of other traffic types may be considered and effected upon mutual agreement of the Parties. Such agreement shall not be unreasonably withheld. 3.5 If ICG LEC utilizes the switch of a Third Party incumbent LEC, the LEC’s own facilities within SBC ILEC exchange, as outlined in section 3. 1.1.1 above and/or any other Telecommunications Carrier to switch LEC’s calls; ICG LEC must provide the following as separate and distinct from the Third Party carrier or existing facilities.

Network Connections. 3.1 In each exchange area in which either Party P arty wishes to exchange traffic with the other Party’s End Users and/or utilize the other Party’s facilities for a transiting function, each Party, at a minimum, will: 3.1.1 Route such traffic via direct network facilities to either a) each others access and local tandem(s) or End Offices (upon mutual agreement of the parties), meeting the other Party’s facilities at the existing Exchange Area Boundary (EAB) (see section 3.2.2 for exclusions); or b) another mutually agreed upon point. 3.1.1.1 Specific facility arrangements arrangem ents required to interconnect the Parties’ networks shall be negotiated by the Parties’. Where the LEC providing FX-NXX service, also operates as a CLEC within SBC ILEC exchange, and whose switch is located in the SBC ILEC exchange; the existing interconnection interconn ection facility between the parties’ within the SBC ILEC exchange may be considered as an option for interconnection, provided a separate and distinct portion of this existing facility can be established as further defined below in section 3.5. 3.1.1.2 For FX-NXX service, the interconnection facilities and trunks between the Parties’ networks shall only be used for traffic exchanged between the Parties’. No Third Party traffic shall be routed over these facilities, except where ICG is unable to interconnect with Rural/Independent Telecommunications Carriers (or any other “exempted” carriers). Notwithstanding this exception, ICG will exert reasonable effort to interconnect with such Carriers. 3.1.2 Route such traffic to the other Party utilizing a Third Party incumbent LECs facilities and/or utilizing another Third Party Telecommunications Carrier’s facilities with whom the Party already has an agreement for exchanging like traffic. The Parties acknowledge and agree that this option may not be implemented without with out the written agreement of the Third Party incumbent LEC and/or Telecommunications Carrier as well as the mutual consent of each of the Parties. The Parties further agree that in order for this option to be considered, it is the responsibility of the originating Party to obtain the required written permission from the Third Party incumbent LEC and/or Telecommunications Carrier. 3.2 The Parties acknowledge and agree that when traffic destined for an SBC ILEC tandem exceeds a DS1’s amount of traffic and/or that th at it is more efficient to connect via direct End Office connections, ICG shall establish a direct End Office trunk group and provide transport for that trunk group to the exchange where the SBC ILEC or Third Party incumbent LEC’s and /or Telecommunications Carrier’s End Office is located. In a FX-NXX FX -NXX arrangement, the LEC agrees to directly connect to all Third Partys’ for the routing of the traffic associated with this service. FX-NXX FX -NXX shall not be transited over the SBC ILEC’s network except where ICG is unable to interconnect with Rural/Independent Telecommunications Carriers (or any other “exempted” carriers). Notwithstanding this exception, ICG will exert reasonable effort to interconnect with such Carriers . 3.2.1 The Parties agree, that at a minimum, ICG IC G shall establish a logical trunk group for local and IntraLata traffic from ICG to each SBC ILEC serving tandem in a LATA. This requirement may be waived upon mutual agreement of the parties. 3.2.2 Transport facilities for 911, Choke, OS/DA and InterLATA InterLAT A trunking are the responsibility of LEC from LEC to the serving tandem or platform that provides each such service type; The parties recognize in data-only applications such trunking may not be necessary and therefore this requirement shall be waived by SBC-ILEC. 3.3 ICG shall route originating Local, and IntraLATA Toll Calls to the serving tandem as defined by the tandem owner in the LERG. If SBC ILEC is the designated InterLATA serving tandem provider for the Rate Center of concern, SBC ILEC shall verbally designate the specific InterLATA tandem(s) that will serve ICG. 3.4 If SBC ILEC is not the serving tandem as reflected in the LERG, then ICG may route local and/or IntraLATA traffic destined for End Office End Users that subtend an SBC ILEC tandem directly to the serving SBC ILEC tandem or End Office, as described by Bellcore Notes On The Networks, upon mutual agreement of the Parties. Such tandem routing of other traffic types may be considered and effected upon mutual agreement of the Parties. Such agreement shall not be unreasonably withheld. 3.5 If ICG utilizes the switch of a Third Party incumbent LEC, the LEC’s own facilities within SBC ILEC exchange, as outlined in section 3. 1.1.1 3.1.1.1 above and/or any other Telecommunications Carrier to switch LECLE C’s calls; ICG must provide the following as separate and distinct from the Third Party carrier or existing facilities.