Regulatory Review of Prices Clause Samples

Regulatory Review of Prices. Notwithstanding any other provision of this Agreement, each Party reserves its respective rights to institute an appropriate proceeding with the FCC, the Commission or other governmental body of appropriate jurisdiction: (a) with regard to the Charges for its Services (including, but not limited to, a proceeding to change the Charges for its services, whether provided for in any of its Tariffs, in Appendix A, or otherwise); and (b) with regard to the Charges of the other Party (including, but not limited to, a proceeding to obtain a reduction in such Charges and a refund of any amounts paid in excess of any Charges that are reduced). I. VERIZON SERVICES, FACILITIES AND ARRANGEMENTS 2

Regulatory Review of Prices. Notwithstanding any other provision of this Agreement, each Party reserves its respective rights to institute an appropriate proceeding with the FCC, the Commission or other governmental body of appropriate jurisdiction: (a) with regard to the Charges for its Services (including, but not limited to, a proceeding to change the Charges for its services, whether provided for in any of its Tariffs, in Appendix A, or otherwise); and (b)

Regulatory Review of Prices. Notwithstanding any other provision of this Agreement, each Party reserves its respective rights to institute an appropriate proceeding with the FCC, the Commission or other governmental body of appropriate jurisdiction: (a) with regard to the Charges for its Services (including, but not limited to, a proceeding to change the Charges for its services, whether provided for in any of its Tariffs, in Appendix A, or otherwise); and (b) with regard to the Charges of the other Party (including, but not limited to, a proceeding to obtain a reduction in such Charges and a refund of any amounts paid in excess of any Charges that are reduced). APPENDIX A TO THE CMRS PRICING ATTACHMENT1 (FLCTF) I. Rates and Charges for Transport and Termination of Traffic2 A. Reciprocal Compensation Traffic Termination Reciprocal Compensation Traffic End Office Rate: ▇▇▇▇ and Keep Reciprocal Compensation Traffic Tandem Rate: ▇▇▇▇ and Keep B. The Tandem Transit Traffic Service Charge is $0.0016723 per minute of use C. Entrance Facility and Transport for Interconnection Charges: See Intrastate Special Access Tariff D. Exchange Access Service: Per Frontier interstate and/or Frontier intrastate access tariff E. InterMTA Factor 3% Pursuant to the Two-Way Wireless Attachment, the Parties agree to allow for changes to the interMTA Factor two times per year if a traffic study conducted demonstrates that a different interMTA factor is appropriate. The Parties shall so amend the contract with the new factor to apply from the Effective Date of the amendment forward. 1 This Appendix may contain rates for (and/or reference) services, facilities, arrangements and the like that Frontier does not have an obligation to provide under the Agreement (e.g., services, facilities, arrangements and the like that Frontier is not required to provide under Section 251 of the Act). Notwithstanding any such rates (and/or references) and, for the avoidance of any doubt, nothing in this Appendix shall be deemed to require Frontier to provide a service, facility, arrangement or the like that the Agreement does not require Frontier to provide, or to provide a service, facility, arrangement or the like upon rates, terms or conditions other than those that may be required by the Agreement. UNE rates and charges set forth in this Appendix that are marked with a ( ) are pursuant to FL Order No. PSC-02-1574-FOF-TP, Docket No. 990649B-TP. These UNE rates became effective on August 5, 2003 for seventeen (17) named CLECs (p...

Regulatory Review of Prices. Notwithstanding any other provision of this Agreement, each Party reserves its respective rights to institute an appropriate proceeding with the FCC, the Commission or other governmental body of appropriate jurisdiction: (a) with regard to the Charges for its Services (including, but not limited to, a proceeding to change the Charges for its services, whether provided for in any of its Tariffs, in Appendix A, or otherwise); and (b) with regard to the Charges of the other Party (including, but not limited to, a proceeding to obtain a reduction in such Charges and a refund of any amounts paid in excess of any Charges that are reduced). I. Wholesale Discount for Resale of Verizon Retail Telecommunications Services2 Resale of retail services if FTCS provides own operator services platform 22.00% (Inclusive of PA gross receipts tax) Resale of retail services if FTCS uses Verizon operator services platform 18.34% (Inclusive of PA gross receipts tax) Pennsylvania Gross Receipts Tax Discount as per Verizon Tariff Pa. ▇.▇.▇.-▇▇. ▇, § ▇, ¶ 8.1, (C) 1 The rates and charges set forth in this Appendix A to the Pricing Attachment are subject to change from time-to- time as provided in this Resale Agreement. The rates and charges set forth in this Appendix A to the Pricing Attachment shall apply until such time as they are replaced by new rates as may be approved or allowed into effect by the Commission from time to time, subject to a stay or other order issued by any court of competent jurisdiction. At such time(s) as such new rates have been approved or allowed into effect by the Commission, the Parties shall amend this Appendix A to the Pricing Attachment to reflect the new approved rates. Except for citations to generally available services and rates offered under Verizon’s Tariffs, all services and rates listed in this Appendix A to the Pricing Attachment are available to Reseller only in connection with the purchase and resale of Verizon Retail Telecommunications Services by Reseller under this Resale Agreement. Adherence to this limitation shall be subject to reasonable audit by Verizon.

Regulatory Review of Prices. Notwithstanding any other provision of this Agreement, each Party reserves its respective rights to institute an appropriate proceeding with the FCC, the Commission or other governmental body of appropriate jurisdiction: (a) with regard to the Charges for its Services (including, but not limited to, a proceeding to change the Charges for its services, whether provided for in any of its Tariffs, in Appendix A, or otherwise); and (b) with regard to the Charges of the other Party (including, but not limited to, a proceeding to obtain a reduction in such Charges and a refund of any amounts paid in excess of any Charges that are reduced). APPENDIX A TO THE PRICING ATTACHMENT1 A. INTERCONNECTION2 I. Call Transport & Termination Verizon Service Non-recurring Recurring 1. Reciprocal Compensation Traffic Tandem or End Office Rate Rates for Reciprocal Compensation are as set forth in Verizon Massachusetts DTE No. 17 Tariff, as amended from time to time 2. Access charges for Intrastate and/or Interstate Per Verizon FCC Interstate Tariff No. 11 and intrastate Verizon Massachusetts DTE No. 15 access tariffs for Feature Group D service, as amended from time to time 3. Entrance facilities, and transport, as appropriate, for Interconnection at Verizon End Office, Tandem Office, Serving Wire Center, or other Point of Interconnection Per Verizon FCC Interstate Tariff No. 11 and intrastate Verizon Massachusetts DTE No. 15 intrastate access tariffs for Feature Group D service, as amended from time to time

Regulatory Review of Prices. Notwithstanding any other provision of this Agreement, each Party reserves its respective rights to institute an appropriate proceeding with the FCC, the Commission or other governmental body of appropriate jurisdiction: (a) with regard to the Charges for its Services (including, but not limited to, a proceeding to change the Charges for its services, whether provided for in any of its Tariffs, in Appendix A, or otherwise); and (b) with regard to the Charges of the other Party (including, but not limited to, a proceeding to obtain a reduction in such Charges and a refund of any amounts paid in excess of any Charges that are reduced). I. Services Available for Resale The avoided cost discount for all Resale services is 17.50%. Non-Recurring Charges (NRCs) for Resale Services Pre-ordering CLEC Account Establishment Per CLEC $275.48 Customer Record Search Per Account $ 11.79 Ordering and Provisioning Engineered Initial Service Order (ISO) - New Service $258.10 Engineered Initial Service Order - As Specified $106.07 Engineered Subsequent Service Order $ 64.44 Non-Engineered Initial Service Order - New Service $ 38.11 Non-Engineered Initial Service Order - Changeover $ 21.16 Non-Engineered Initial Service Order - As Specified $ 65.73 Non-Engineered Subsequent Service Order $ 18.95 Product Specific NRCs, other than those for Pre-ordering, Ordering and Provisioning, and Custom Handling as listed in this Appendix, will be charged from the appropriate retail tariff. No discount applies to such NRCs. Custom Handling Service Order Expedite: Engineered $ 35.07 Non-Engineered $ 10.76 Coordinated Conversions: ISO $ 18.71 Central Office Connection $ 9.78 Outside Facility Connection $ 8.27 Hot Coordinated Conversion First Hour: ISO $ 32.29 Central Office Connection $ 39.10 Outside Facility Connection $ 33.07 Hot Coordinated Conversion per Additional Quarter Hour: ISO $ 6.79 Central Office Connection $ 9.78 Outside Facility Connection $ 8.27 Pre-ordering: CLEC Account Establishment is a one-time charge applied the first time that Easton orders any service from this Agreement. Customer Record Search applies when Easton requests a summary of the services currently subscribed to by the end-user. Ordering and Provisioning: Engineered Initial Service Order - New Service applies per Local Service Request (LSR) when engineering work activity is required to complete the order, e.g. digital loops.

Regulatory Review of Prices. Notwithstanding any other provision of this Agreement, Verizon reserves its right to institute an appropriate proceeding with the FCC, the Commission or other governmental body of appropriate jurisdiction with regard to the Charges for FairPoint’s Services, whether provided for in any of FairPoint’s Tariffs, in Appendix A, or otherwise) (including, but not limited to, a proceeding to obtain a reduction in such Charges and a refund of any amounts paid in excess of any Charges that are reduced).

Regulatory Review of Prices. Notwithstanding any other provision of the Agreement, the Dark Fiber Attachment and this Pricing Appendix to the Dark Fiber Attachment, each Party reserves its respective rights to institute an appropriate proceeding with the FCC, the Commission or other governmental body of appropriate jurisdiction: (a) with regard to the Charges for its Services (including, but not limited to, a proceeding to change the Charges for its services, whether provided for in any of its Tariffs, in Exhibit A, or otherwise); and (b) with regard to the Charges of the other Party (including, but not limited to, a proceeding to obtain a reduction in such Charges and a refund of any amounts paid in excess of any Charges that are reduced)

Regulatory Review of Prices. Notwithstanding any other provision of this Agreement, each Party reserves its respective rights to institute an appropriate proceeding with the FCC, the Commission or other governmental body of appropriate jurisdiction: (a) with regard to the Charges for its Services (including, but not limited to, a proceeding to change the Charges for its services, whether provided for in any of its Tariffs, in Appendix A, or otherwise); and (b) with regard to the Charges of the other Party (including, but not limited to, a proceeding to obtain a reduction in such Charges and a refund of any amounts paid in excess of any Charges that are reduced). APPENDIX A TO THE CMRS PRICING ATTACHMENT1 (ILCTC) I. Rates and Charges for Transport and Termination of Traffic2 A. Reciprocal Compensation and Local Traffic will be terminated by the Parties on a Bill and Keep basis. B. Transit Service–per MOU $ 0.0061854/mou where applicable C. DISH Wireless will provide accurate Calling Party Number ("CPN") and/or Automatic Number Identification ("ANI") on at least ninety-five percent (95%) of all traffic delivered to the POI. In addition, each Party shall pass Charge Number (CN) unaltered where it is different than CPN. Where CPN and/or ANI is not provided, DISH Wireless agrees to pay the applicable intrastate terminating access charges for such traffic.