Common use of Responsibility for Traffic Clause in Contracts

Responsibility for Traffic. 2.1 CLEC is responsible for all traffic that CLEC exchanges with ILEC over direct or indirect interconnection via a third party including but not limited to voice traffic, VoIP-PSTN Traffic, ISP-Bound Traffic and toll traffic. CLEC shall not provision any of its services in a manner that permits the circumvention of ILEC’s applicable Switched Access Service charges by it or a Retail Provider. CLEC agrees to be responsible for and pay its portion of the Interconnection Facilities, and all Reciprocal Compensation and Access Service charges associated with all traffic that CLEC exchanges with ILEC, including traffic of a Retail Provider. CLEC is the sole responsible Party with respect to all traffic originated by or terminated to CLEC End User Customers or Retail Providers. 2.2 CLEC certifies that due to the mass availability and portability of IP-based CPE, some of the traffic it sends to ILEC for termination may be Nomadic Traffic. Nomadic Traffic is traffic originating from an Internet Protocol (“IP”) device other than at the End User’s service location. The Parties understand and agree that some small amount of Nomadic Traffic is likely to be exchanged and wish to ensure that ILEC is properly compensated for such traffic. As a result, the Parties will initially assume that 2% of traffic exchanged is Nomadic Traffic and ILEC will ▇▇▇▇ its applicable interstate switched access rates for 2% of the local traffic sent by CLEC for termination. CLEC agrees that it will update the percentage notice according to the notice provisions of this Agreement and ILEC may request that CLEC review and update such percentage on a not more often than a quarterly basis. 2.3 CLEC provides Non-CMRS Telecommunications Services under this Agreement to End User Customers and Wholesale Telecommunications Services to other entities that provide retail service to End User Customers. The Parties understand and agree that this Agreement will permit a Party to provide a Wholesale Telecommunications Service to a Retail Provider; however, under no circumstances shall such Wholesale Telecommunications Service be deemed, treated or compensated as a transit service. The Parties stipulate there is no transit service. For purposes of this Agreement, CLEC’s Wholesale Telecommunications Service for traffic exchange is considered to be the provision of end office switching functions for the Retail Provider so neither CLEC nor its Retail Provider customer is entitled to ▇▇▇▇, nor ILEC is not obligated to pay, any transit charges for such traffic. 2.4 Each Party agrees that it is responsible for implementing the proper Signaling and Signaling Parameters for determining the correct classification of traffic pursuant to Section 6 of this Attachment. 2.5 The delivery of traffic that has had Signaling or Signaling Parameters stripped, altered, modified, added, deleted, changed, and/or incorrectly assigned (“Misclassified Traffic”) is prohibited under this Agreement. Due to the technical nature of its origination, certain traffic that is not Misclassified Traffic may be properly transmitted without all the Signaling and Signaling Parameters pursuant to section 6 of this Attachment (“Unclassified Traffic”). 2.6 If the percentage of total call traffic transmitted with Signaling and Signaling Parameters in a given month falls below 95%, the Party originating such traffic agrees to pay the terminating Party’s intrastate Switched Access Service rates for all Unclassified Traffic for the applicable month. Notwithstanding the foregoing, if a terminating Party determines that Misclassified Traffic has been delivered by the originating Party, Section 2.7, herein below, shall apply with respect to the delivery of such traffic. 2.7 If a terminating Party determines in good faith in any month that any traffic delivered by the originating Party is Misclassified Traffic, the Parties agree: 2.7.1 The terminating Party will provide sufficient call detail records or other available information, including its reasoning as to why the traffic is misclassified, as notification to the other Party. Upon receipt of such notification, the Party originating such traffic shall investigate and identify the alleged Misclassified Traffic; 2.7.2 In addition to the terminating Party’s other rights and remedies with respect to Misclassified Traffic, the originating Party agrees to pay the terminating Party’s intrastate access rates on all Misclassified Traffic unless a written notice of dispute is provided by the originating Party in accordance with 2.7.4. 2.7.3 The Party originating Misclassified Traffic agrees to take all reasonable steps to cease all actions, and cancel or reroute any service that is permitting the delivery of Misclassified Traffic. 2.7.4 Notwithstanding anything herein to the contrary, the Parties agree that if it is determined that more than two percent (2%) of the total traffic delivered by an originating Party during any consecutive three (3)-month period is Misclassified Traffic, such Party shall be in Default of this Agreement. 2.8 Each Party shall take all reasonable steps to correct the causes of misrouted toll traffic, misidentified traffic, Misclassified Traffic and Unclassified Traffic. Such traffic shall be rerouted to toll trunk groups and properly identified. This obligation applies during the pendency of a dispute. 2.9 In addition to the audit provisions of Section 9.6 of the General Terms and Conditions, or in the event of a dispute with regard to Misclassified Traffic, each Party shall have the right to audit the other Party’s records to ensure that no traffic is misrouted, misclassified, or is otherwise in circumvention of access charges. Both Parties shall cooperate in providing the records required to conduct such audits. Upon request, each Party will cooperate in identifying the physical location of the End User Customer originating or terminating the call. No Party shall have the right to conduct an audit more than one time in a consecutive six- month period.

Responsibility for Traffic. 2.1 CLEC is responsible for all traffic that CLEC exchanges with ILEC over direct or indirect interconnection via a third party including but not limited to voice traffic, VoIP-PSTN Traffic, ISP-Bound Traffic and toll traffic. CLEC shall not provision any of its services in a manner that permits the circumvention of ILEC’s applicable Switched Access Service charges by it or a Retail Provider. CLEC agrees to be responsible for and pay its portion of the Interconnection Facilities, and all Reciprocal Compensation and Access Service charges associated with all traffic that CLEC exchanges with ILEC, including traffic of a Retail Provider. CLEC is the sole responsible Party with respect to all traffic originated by or terminated to CLEC End User Customers or Retail Providers. 2.2 CLEC certifies that due to the mass availability and portability of IP-based CPE, some of the traffic it sends to ILEC for termination may be Nomadic Traffic. Nomadic Traffic is traffic originating from an Internet Protocol protocol (“IP”) device other than at the End User’s service location. The Parties understand and agree (“Nomadic Traffic”) is prohibited under this Agreement unless otherwise certified in writing in advance by the Party sending the traffic to the other Party for termination. CLEC warrants that some small amount of Nomadic Traffic is likely the services it provides to Retail Providers serving End Users in ILEC's Local Calling Area, by tariff or contract, require the service provided to the End Users to be exchanged and wish to ensure that ILEC is properly compensated for such trafficonly from a fixed location at each End User’s principal service address located in ILEC’s Local Calling Area. As a result, the Parties will initially assume that 2% of traffic exchanged is Nomadic Traffic and ILEC will ▇▇▇▇ its applicable interstate switched access rates for 2% agrees to conduct audits or take other commercially reasonable steps to verify that each of the local traffic sent Retail Providers serving End User Customers in ILEC’s Local Calling Area is acting in compliance with this requirement. All uncertified Nomadic Traffic delivered by CLEC for termination. CLEC agrees that it will update the percentage notice according a Party shall be subject to the notice provisions of this Agreement and ILEC may request that CLEC review and update such percentage on a not more often than a quarterly basisAccess Service charges pursuant to ILEC’s tariffed Switched Access Service rates. 2.3 CLEC provides Non-CMRS Telecommunications Services under this Agreement to End User Customers and Wholesale Telecommunications Services to other entities that provide retail service to End User Customers. The Parties understand and agree that this Agreement will permit a Party to provide a Wholesale Telecommunications Service to a Retail Provider; however, under no circumstances shall such Wholesale Telecommunications Service be deemed, treated or compensated as a transit service. The Parties stipulate there is no transit servicethat this Agreement does not authorize any transiting services and that neither Party will provide any transiting functions under this Agreement. For purposes of this Agreement, CLEC’s Wholesale Telecommunications Service for traffic exchange is considered to be the provision of end office switching functions for the Retail Provider so neither CLEC nor its Retail Provider customer is entitled to ▇▇▇▇bill, nor ILEC is not obligated to pay, any transit charges for such traffic. 2.4 Each Party agrees that it is responsible for implementing the proper Signaling and Signaling Parameters for determining the correct classification of traffic pursuant to Section 6 of this Attachment. 2.5 The delivery of traffic that has had Signaling or Signaling Parameters stripped, altered, modified, added, deleted, changed, and/or incorrectly assigned (“Misclassified Traffic”) is prohibited under this Agreement. Due to the technical nature of its origination, certain traffic that is not Misclassified Traffic may be properly transmitted without all the Signaling and Signaling Parameters pursuant to section 6 of this Attachment (“Unclassified Traffic”). 2.6 If the percentage of total call traffic transmitted with Signaling and Signaling Parameters in a given month falls below 95%, the Party originating such traffic agrees to pay the terminating Party’s intrastate Switched Access Service rates for all Unclassified Traffic for the applicable month. Notwithstanding the foregoing, if a terminating Party determines that Misclassified Traffic has been delivered by the originating Party, Section 2.7, herein below, shall apply with respect to the delivery of such traffic. 2.7 If a terminating Party determines in good faith in any month that any traffic delivered by the originating Party is Misclassified Traffic, the Parties agree: 2.7.1 The terminating Party will provide sufficient call detail records or other available information, including its reasoning as to why the traffic is misclassified, as notification to the other Party. Upon receipt of such notification, the Party originating such traffic shall investigate and identify the alleged Misclassified Traffic; 2.7.2 In addition to the terminating Party’s other rights and remedies with respect to Misclassified Traffic, the originating Party agrees to pay the terminating Party’s intrastate access rates on all Misclassified Traffic unless a written notice of dispute is provided by the originating Party in accordance with 2.7.4. 2.7.3 The Party originating Misclassified Traffic agrees to take all reasonable steps to cease all actions, and cancel or reroute any service that is permitting the delivery of Misclassified Traffic. 2.7.4 Notwithstanding anything herein to the contrary, the Parties agree that if it is determined that more than two percent (2%) of the total traffic delivered by an originating Party during any consecutive three (3)-month period is Misclassified Traffic, such Party shall be in Default of this Agreement. 2.8 Each Party shall take all reasonable steps to correct the causes of misrouted toll traffic, misidentified traffic, Misclassified Traffic and Unclassified Traffic. Such traffic shall be rerouted to toll trunk groups and properly identified. This obligation applies during the pendency of a dispute. 2.9 In addition to the audit provisions of Section 9.6 of the General Terms and Conditions, or in the event of a dispute with regard to Misclassified Traffic, each Party shall have the right to audit the other Party’s records to ensure that no traffic is misrouted, misclassified, or is otherwise in circumvention of access charges. Both Parties shall cooperate in providing the records required to conduct such audits. Upon request, each Party will cooperate in identifying the physical location of the End User Customer originating or terminating the call. No Party shall have the right to conduct an audit more than one time in a consecutive six- six-month period.