Common use of Percent Local Use Clause in Contracts

Percent Local Use. BellSouth and Sprint CLEC will report to the other a Percentage Local Usage (PLU). The application of the PLU will determine the respective amount of local and/or ISP-Bound minutes to be billed to the other Party. For purposes of developing the PLU, BellSouth and Sprint CLEC shall consider each Party’s respective local calls and long distance calls, excluding Transit Traffic. By the first of January, April, July and October of each year, BellSouth and Sprint CLEC shall provide a positive report updating the PLU and shall send it to the other Party to be received no later than thirty (30) days after the first of each such month based on local and ISP-Bound usage for the past three (3) months ending the last day of December, March, June and September, respectively. Detailed requirements associated with PLU reporting shall be as set forth in BellSouth Jurisdictional Factors Reporting Guide, as it is amended from time to time during this Agreement, or as mutually agreed to by the Parties. The Parties have agreed that BellSouth, as the terminating Party, will provide Sprint CLEC with the calculated PLU factor for Sprint CLEC’s originated traffic for Sprint CLEC’s approval by the end of January, April, July and October. Within fifteen (15) days of receipt of the PLU factor, Sprint CLEC will provide concurrence with such factor, which BellSouth will then implement to determine the appropriate local usage compensation to be paid by Sprint CLEC. If the Parties disagree as to the calculation of such factor, the Parties will work cooperatively to determine the appropriate factor for billing. While the Parties negotiate to determine the updated factor, the Parties agree to use the factor from the previous quarter. Once Sprint CLEC develops message recording technology that identifies and reports the jurisdiction of traffic terminated as defined in this Agreement, Sprint CLEC will provide BellSouth with the calculated PLU factor for Sprint’s originated traffic. If the terminating Party disagrees with the factor, the Parties will work cooperatively to determine the appropriate factor for billing. Notwithstanding the foregoing, where the terminating Party has message recording technology that identifies the jurisdiction of traffic terminated as defined in this Agreement, such information, in lieu of the PLU factor, shall at the terminating Party’s option, be utilized to determine the appropriate Local usage compensation to be paid.

Percent Local Use. BellSouth For AT&T CALIFORNIA AND NEVADA: BellSouthAT&T and Sprint CLEC will report to the other a Percentage Local Usage (PLU). The application of the PLU will determine the respective amount of local and/or ISP-ISP- Bound minutes to be billed to the other Party. For purposes of developing the PLU, BellSouth BellSouthAT&T and Sprint CLEC shall consider each Party’s respective local calls and long distance calls, excluding Transit Traffic. The PLU is calculated by dividing the Local MOU delivered to a Party for termination by the total MOU delivered to a Party for termination . By the first of January, April, July and October of each year, BellSouth BellSouthAT&T and Sprint CLEC shall provide a positive report updating the PLU and shall send it to the other Party to be received no later than thirty (30) days after the first of each such month based on local and ISP-Bound usage for the past three (3) months ending the last day of December, March, June and September, respectively. Detailed requirements associated with PLU reporting shall be as set forth in BellSouth BellSouthAT&T Jurisdictional Factors Reporting Guide, as it is amended from time to time during this Agreement, or as mutually agreed to by the Parties. The Parties have agreed that BellSouthBellSouthAT&T, as the terminating Party, will provide Sprint CLEC with the calculated PLU factor for Sprint CLEC’s originated traffic for Sprint CLEC’s approval by the end of January, April, July and October. Within fifteen (15) days of receipt of the PLU factor, Sprint CLEC will provide concurrence with such factor, which BellSouth BellSouthAT&T will then implement to determine the appropriate Sprint – PIU/PLU/PLF Amendment to Interconnection Agreement local usage compensation to be paid by Sprint CLEC. If the Parties disagree as to the calculation of such factor, the Parties will work cooperatively to determine the appropriate factor for billing. While the Parties negotiate to determine the updated factor, the Parties agree to use the factor from the previous quarter. Once Sprint CLEC develops message recording technology that identifies and reports the jurisdiction of traffic terminated as defined in this Agreement, Sprint CLEC will provide BellSouth BellSouthAT&T with the calculated PLU factor for Sprint’s originated traffic. If the terminating Party disagrees with the factor, the Parties will work cooperatively to determine the appropriate factor for billing. Notwithstanding the foregoing, where the terminating Party has message recording technology that identifies the jurisdiction of traffic terminated as defined in this Agreement, such information, in lieu of the PLU factor, shall at the terminating Party’s option, be utilized to determine the appropriate Local usage compensation to be paid.