TERMS AND COMPENSATION FOR USE OF FACILITIES. 3.1 Each Party shall be responsible for providing its owned or leased transport Facilities to route calls to and from the POI. Each Party may construct its own Facilities, it may purchase or lease these Facilities from a Third Party, or it may purchase or lease these Facilities from the other Party, if available, pursuant to access services tariff or separate contract. Optional Payment Plans (OPP), and High Cap Term Payment Plans (HCTPP) are not available for transport facilities pursuant to this agreement. 3.2 The Parties will connect their networks (i.e., to and from the AT&T-13STATE Central Office Switch where the Facility connection is established) using digital Facilities of at least DS–1 transmission rates ("DS-1 Facilities"), where available. 3.3 The following shall apply solely for Facilities connecting the Parties networks dedicated for transport of Authorized Services Interconnection traffic and for transport of Authorized Services Third Party Traffic. Notwithstanding the foregoing, nothing in this Agreement shall be construed as authorizing WSP to use such Facilities to deliver traffic that is destined for a facilities-based Competitive Local Exchange Carrier (CLEC), Incumbent Local Exchange Carrier (ILEC), Commercial Mobile Radio Service (CMRS) provider, or Out-of-Exchange Local Exchange Carrier (OELEC). 3.3.1 Notwithstanding any other provision of this Agreement, AT&T-13STATE shall not have dedicated transport obligations over, nor shall it have any obligation to share the cost of, Facilities between the Parties' networks that either cross a LATA boundary, or exceed a distance of 14 miles (or the State's defined local calling area, whichever is greater) from the AT&T-13STATE Central Office Switch where the Facility connection is established. 3.3.2 When a Party uses DS-1 Facilities provided by the other Party (either through self provisioning, or through the purchase of Facilities from the other Party or from Third Parties) to deliver traffic from its network that are (a) dedicated to the transmission of Authorized Services traffic between the Parties' networks, and (b) are shared by the Parties, such Party will reimburse the other Party for a proportionate share of the cost of Facilities. Notwithstanding the foregoing, if WSP obtains such Facilities from a Third Party, nothing herein shall obligate AT&T-13STATE to reimburse WSP for those Facilities.
Appears in 8 contracts
Sources: Cellular/PCS Interconnection Agreement, Cellular/PCS Interconnection Agreement, Cellular/PCS Interconnection Agreement
TERMS AND COMPENSATION FOR USE OF FACILITIES. 3.1 Each Party 8.1 Carrier shall be responsible for providing its owned own or leased transport Facilities to route calls to and the POI from the POIAT&T–13STATE’s Tandem Switch, for Type 2A Interconnection, or from AT&T-13STATE’s End Office Switch, for Type 2B or Type 1 Interconnection. Each Party Carrier may construct its own Facilities, it may purchase or lease these Facilities from a Third Party, or it may purchase or lease these Facilities from the other PartyAT&T-13STATE, if available, pursuant to access services tariff or separate contract. Optional Payment Plans (OPP), and High Cap Term Payment Plans (HCTPP) are Facilities between the Parties' respective networks will not available for transport facilities be provided pursuant to this agreementAgreement.
3.2 8.2 The Parties will connect their networks (i.e., to and from the AT&T-13STATE Central Office Switch where the Facility connection is established) using digital Facilities of at least DS–1 transmission rates ("DS-1 Facilities")rates, where available. Should the Parties desire to share the cost of Facilities and Trunks, when Facilities larger than DS1 are dedicated to provide traffic under this Agreement, they will separately negotiate the terms for such sharing; otherwise, Carrier shall be fully responsible for costs of such Facilities and Trunks.
3.3 8.3 The following shall apply solely for DS1, or smaller Facilities connecting the Parties networks dedicated for transport of one-way Telco-to- Carrier Paging Authorized Services Interconnection traffic and for transport of Authorized Services Third Party Trafficto the POI. Notwithstanding the foregoingIf Facilities are not so dedicated, nothing in this Agreement Carrier shall be construed solely responsible for the cost of such Facilities.
8.3.1 Telco may use its own Facilities or may, at its sole discretion, use Facilities provided by Carrier, subject to the following:
8.3.1.1 Telco shall be responsible for applicable Facility charges to the extent Facilities are used to deliver Local Calls. ▇▇▇▇▇▇▇ shall be responsible for applicable Facility charges to the extent Facilities are used to deliver non-Local Calls, i.e., the sum of the Transiting Factor and the InterMTA Traffic Factor as authorizing WSP referenced in sections 9 and 10.
8.3.1.2 Carrier provision of Facilities obtained from Telco will be in accordance with Telco’s applicable Access Services tariff or separate contract.
8.3.1.3 Carrier provision of Facilities not obtained from Telco will be provided upon terms and conditions that similar Facilities are provided by Telco, and at rates equivalent to use the rates Carrier pays for such Facilities to deliver traffic (but no greater than the rates that is destined for a facilities-based Competitive Local Exchange Carrier (CLEC), Incumbent Local Exchange Carrier (ILEC), Commercial Mobile Radio Service (CMRS) provider, or Out-of-Exchange Local Exchange Carrier (OELECsimilar Facilities are available from Telco).
3.3.1 Notwithstanding any other provision 8.3.2 Telco reserves the right to discontinue the use, for delivering Interconnection traffic from its network, of this Agreement, AT&T-13STATE shall not have dedicated transport obligations over, nor shall it have any obligation to share the cost of, Facilities between the Parties' networks that either cross a LATA boundaryall, or exceed a distance portion, of 14 miles (or the State's defined local calling area, whichever is greater) from the AT&T-13STATE Central Office Switch where the Facility connection is established.
3.3.2 When a Party uses DS-1 Facilities provided by the other Carrier. This provision does not negate any obligations either Party (either through self provisioning, or through the purchase of Facilities from the other Party or from Third Parties) to deliver traffic from its network that are (a) dedicated to the transmission of Authorized Services traffic between the Parties' networks, and (b) are shared by the Partiesmay have regarding such Facilities, such Party as, but not limited to term and notice provisions. Nothing herein will obligate Telco to reimburse the other Party Carrier for a proportionate share of the cost of Facilities. Notwithstanding the foregoing, if WSP obtains such Facilities obtained from a Third Party.
8.3.3 Carrier is responsible for transport facilities on its side of the POI.
8.4 In the event any Governmental Authority rules that Telco is entitled to recover all or any portion of its charges for Facilities provided by Telco to Carrier beyond what is provided for herein, nothing herein the Parties shall obligate AT&T-13STATE amend this Agreement, within thirty (30) Days of a written request to reimburse WSP do so, in order to provide for those Facilitiesthe payment of charges for Facilities retroactively to the Effective Date of this Agreement.
Appears in 5 contracts
Sources: Paging Facilities Agreement, Paging Facilities Agreement, Paging Facilities Agreement
TERMS AND COMPENSATION FOR USE OF FACILITIES. 3.1 Each Party shall be responsible for providing its owned or leased transport Facilities to route calls to and from the POI. Each Party may construct its own Facilities, it may purchase or lease these Facilities from a Third Party, or it may purchase or lease these Facilities from the other Party, if available, pursuant to access services tariff or separate contract. Optional Payment Plans (OPP), and High Cap Term Payment Plans (HCTPP) are not available for transport facilities pursuant to this agreement.
3.2 The Parties will connect their networks (i.e., to and from the AT&T-13STATE Central Office Switch where the Facility connection is established) using digital Facilities of at least DS–1 transmission rates ("“DS-1 Facilities"”), where available.
3.3 The following shall apply solely for Facilities connecting the Parties networks dedicated for transport of Authorized Services Interconnection traffic and for transport of Authorized Services Third Party Traffic. Notwithstanding the foregoing, nothing in this Agreement shall be construed as authorizing WSP to use such Facilities to deliver traffic that is destined for a facilities-based Competitive Local Exchange Carrier (CLEC), Incumbent Local Exchange Carrier (ILEC), Commercial Mobile Radio Service (CMRS) provider, or Out-of-Exchange Local Exchange Carrier (OELEC).
3.3.1 Notwithstanding any other provision of this Agreement, AT&T-13STATE shall not have dedicated transport obligations over, nor shall it have any obligation to share the cost of, Facilities between the Parties' ’ networks that either cross a LATA boundary, or exceed a distance of 14 miles (or the State's ’s defined local calling area, whichever is greater) from the AT&T-13STATE Central Office Switch where the Facility connection is established.
3.3.2 When a Party uses DS-1 Facilities provided by the other Party (either through self provisioning, or through the purchase of Facilities from the other Party or from Third Parties) to deliver traffic from its network that are (a) dedicated to the transmission of Authorized Services traffic between the Parties' ’ networks, and (b) are shared by the Parties, such Party will reimburse the other Party for a proportionate share of the cost of Facilities. Notwithstanding the foregoing, if WSP obtains such Facilities from a Third Party, nothing herein shall obligate AT&T-13STATE to reimburse WSP for those Facilities.
Appears in 3 contracts
Sources: Cellular/PCS Interconnection Agreement, Cellular/PCS Interconnection Agreement, Cellular/PCS Interconnection Agreement
TERMS AND COMPENSATION FOR USE OF FACILITIES. 3.1 Each Party shall be responsible for providing its owned own or leased transport Facilities to route calls to and from the POI. Each Party may construct its own Facilities, it may purchase or lease these Facilities from a Third Party, or it may purchase or lease these Facilities from the other Party, if available, pursuant to access services tariff or separate contract. Optional Payment Plans (OPP), and High Cap Term Payment Plans (HCTPP) are not available for transport facilities pursuant to this agreement.
3.2 The Parties will connect their networks (i.e., to and from the AT&T-13STATE SBC-13STATE Central Office Switch where the Facility connection is established) using digital Facilities of at least DS–1 transmission rates ("DS-1 Facilities"), where available.
3.3 The following shall apply solely for Facilities connecting the Parties networks dedicated for transport of Authorized Services Interconnection traffic and for transport of Authorized Services Third Party Transit Traffic. Notwithstanding the foregoing, nothing in this Agreement shall be construed as authorizing WSP to use such Facilities to deliver traffic that is destined for a facilities-based Competitive Local Exchange Carrier (CLEC), Incumbent Local Exchange Carrier (ILEC), Commercial Mobile Radio Service (CMRS) provider, or Out-of-Exchange Local Exchange Carrier (OELEC).
3.3.1 Notwithstanding any other provision of this Agreement, AT&T-13STATE SBC-13STATE shall not have dedicated transport obligations over, nor shall it have any obligation to share the cost of, Facilities between the Parties' networks that either cross a LATA boundary, or exceed a distance of 14 miles (or the State's defined local calling area, whichever is greater) boundary from the AT&T-13STATE SBC-13STATE Central Office Switch where the Facility connection is established. In calculating the shared cost of Facilities, WSP is responsible for the proportionate share of the Facilities and/or Trunks used to deliver Transit Traffic to WSP's network under this Agreement.
3.3.2 When a Party uses Absent agreement of the Parties to the contrary, the cost of shared DS-1 Facilities will be split between the Parties either on relative actual traffic volumes (if the Parties can measure actual traffic volumes in both directions) or, in the absence of actual traffic measurement capabilities, according to the Shared Facility Factor listed in Appendix – Pricing (Wireless). Should the Parties desire to share the cost of Facilities larger than DS-1 Facilities, they will separately negotiate terms for such sharing.
3.3.3 Each Party reserves the right to refuse or discontinue the use of a shared Facilities arrangement provided by the other Party (either through self provisioningParty, or through the purchase of Facilities from provided directly by the other Party or from Third Parties) to deliver traffic from its network that are (a) dedicated to the transmission of Authorized Services traffic between the Parties' networks, and (b) are shared by the Parties, such Party will reimburse the other Party for a proportionate share of the cost of Facilities. Notwithstanding the foregoing, if WSP obtains such Facilities from via a Third Party. This provision does not negate any obligations either Party may have regarding such Facilities, nothing herein shall obligate AT&T-13STATE to reimburse WSP for those Facilitiessuch as but not limited to, term and notice provisions.
Appears in 3 contracts
Sources: Cellular/PCS Interconnection Agreement, Cellular/PCS Interconnection Agreement, Interconnection Agreement
TERMS AND COMPENSATION FOR USE OF FACILITIES. 3.1 Each Party 9.1 Carrier shall be responsible for providing its owned own or leased transport Facilities to route calls to and the POI from the POIAT&T-13STATE’s Tandem Switch, for Type 2A Interconnection, or from AT&T-13STATE’s End Office Switch, for Type 2B or Type 1 Interconnection. Each Party Carrier may construct its own Facilities, it may purchase or lease these Facilities from a Third Party, or it may purchase or lease these Facilities from the other PartyAT&T-13STATE, if available, pursuant to access services tariff or separate contract. Optional Payment Plans (OPP), and High Cap Term Payment Plans (HCTPP) are Facilities between the Parties' respective networks will not available for transport facilities be provided pursuant to this agreementAgreement.
3.2 9.2 The Parties will connect their networks (i.e., to and from the AT&T-13STATE Central Office Switch where the Facility connection is established) using digital Facilities of at least DS–1 transmission rates ("DS-1 Facilities")rates, where available. Should the Parties desire to share the cost of Facilities and Trunks, when Facilities larger than DS1 are dedicated to provide traffic under this Agreement, they will separately negotiate the terms for such sharing; otherwise, Carrier shall be fully responsible for costs of such Facilities and Trunks.
3.3 9.3 The following shall apply solely for DS1, or smaller, Facilities connecting the Parties networks dedicated for transport of one-way Telco-to- Carrier Authorized Services Interconnection traffic and for transport of Authorized Services Third Party Trafficto the POI. Notwithstanding the foregoingIf Facilities are not so dedicated, nothing in this Agreement Carrier shall be construed as authorizing WSP solely responsible for the cost of such Facilities.
9.3.1 Telco may use its own Facilities or may, at its sole discretion, use Facilities provided by Carrier, subject to use the following:
9.3.1.1 Telco shall be responsible for applicable Facility charges to the extent Facilities are used to deliver Local Calls. ▇▇▇▇▇▇▇ shall be responsible for applicable Facility charges to the extent Facilities are used to deliver non-Local Calls, i.e., the sum of the InterMTA Traffic Factor and the Transiting Factor.
9.3.1.2 Carrier provision of Facilities obtained from Telco will be in accordance with Telco’s applicable Access Services tariff or separate contract.
9.3.1.3 Carrier provision of Facilities not obtained from Telco will be provided upon terms and conditions that similar Facilities are provided by Telco, and at rates equivalent to the rates Carrier pays for such Facilities to deliver traffic (but no greater than the rates that is destined for a facilities-based Competitive Local Exchange Carrier (CLEC), Incumbent Local Exchange Carrier (ILEC), Commercial Mobile Radio Service (CMRS) provider, or Out-of-Exchange Local Exchange Carrier (OELECsimilar Facilities are available from Telco).
3.3.1 Notwithstanding any other provision 9.3.2 Telco reserves the right to discontinue the use, for delivering Interconnection traffic from its network, of this Agreement, AT&T-13STATE shall not have dedicated transport obligations over, nor shall it have any obligation to share the cost of, Facilities between the Parties' networks that either cross a LATA boundaryall, or exceed a distance portion, of 14 miles (or the State's defined local calling area, whichever is greater) from the AT&T-13STATE Central Office Switch where the Facility connection is established.
3.3.2 When a Party uses DS-1 Facilities provided by Carrier. This provision does not negate any obligations either Party may have regarding such Facilities, such as, but not limited to term and notice provisions. Nothing herein will obligate Telco to reimburse Carrier for Facilities obtained from a Third Party.
9.3.3 Carrier is responsible for transport facilities on its side of the other Party (either through self provisioningPOI.
9.4 Sections 9.4 and 9.4.1 apply only in the State of Illinois and apply solely for the DS3 Facilities located at ▇▇▇▇ Ridge, or through the purchase of Facilities from the other Party or from Third Parties) to deliver traffic from its network Illinois that are (a) dedicated to the transmission of Authorized Services traffic between currently connecting the Parties' ’ networks.
9.4.1 Pursuant to Section 9.2 above, the Parties will connect their networks using Facilities located at ▇▇▇▇ Ridge IL at DS-3 transmission rates and will share fifty percent (b50%) are shared by the Parties, such Party will reimburse the other Party for a proportionate share of the cost of Facilities. Notwithstanding the foregoing, if WSP obtains such Facilities from and Trunks at the current capacity. If the current capacity at the ▇▇▇▇ Ridge IL Facility increases in the future, the Parties will renegotiate and adjust the percentage accordingly.
9.5 In the event any Governmental Authority rules that Telco is entitled to recover all or any portion of its charges for Facilities provided by Telco to Carrier beyond what is provided for herein, the Parties shall amend this Agreement, within thirty (30) Days of a Third Partywritten request to do so, nothing herein shall obligate AT&T-13STATE in order to reimburse WSP provide for those Facilitiesthe payment of charges for Facilities retroactively to the Effective Date of this Agreement.
Appears in 2 contracts
Sources: Paging Interconnection Agreement, Paging Interconnection Agreement
TERMS AND COMPENSATION FOR USE OF FACILITIES. 3.1 Each Party 8.1 Carrier shall be responsible for providing its owned own or leased transport Facilities to route calls to and the POI from the POIAT&T–13STATE’s Tandem Switch, for Type 2A Interconnection, or from AT&T-13STATE’s End Office Switch, for Type 2B or Type 1 Interconnection . Each Party Carrier may construct its own Facilities, it may purchase or lease these Facilities from a Third Party, or it may purchase or lease these Facilities from the other PartyAT&T-13STATE, if available, pursuant to access services tariff or separate contract. Optional Payment Plans (OPP), and High Cap Term Payment Plans (HCTPP) are Facilities between the Parties' respective networks will not available for transport facilities be provided pursuant to this agreementAgreement.
3.2 8.2 The Parties will connect their networks (i.e., to and from the AT&T-13STATE Central Office Switch where the Facility connection is established) using digital Facilities of at least DS–1 transmission rates ("DS-1 Facilities")rates, where available. Should the Parties desire to share the cost of Facilities and Trunks, when Facilities larger than DS1 are dedicated to provide traffic under this Agreement, they will separately negotiate the terms for such sharing; otherwise, Carrier shall be fully responsible for costs of such Facilities and Trunks.
3.3 8.3 The following shall apply solely for DS1, or smaller Facilities connecting the Parties networks dedicated for transport of one-way Telco- to-Carrier Paging Authorized Services Interconnection traffic and for transport of Authorized Services Third Party Trafficto the POI. Notwithstanding the foregoingIf Facilities are not so dedicated, nothing in this Agreement Carrier shall be construed solely responsible for the cost of such Facilities.
8.3.1 Telco may use its own Facilities or may, at its sole discretion, use Facilities provided by Carrier, subject to the following:
8.3.1.1 Telco shall be responsible for applicable Facility charges to the extent Facilities are used to deliver Local Calls. ▇▇▇▇▇▇▇ shall be responsible for applicable Facility charges to the extent Facilities are used to deliver non-Local Calls, i.e., the sum of the Transiting Factor and the InterMTA Traffic Factor as authorizing WSP referenced in sections 9 and 10.
8.3.1.2 Carrier provision of Facilities obtained from Telco will be in accordance with Telco’s applicable Access Services tariff or separate contract.
8.3.1.3 Carrier provision of Facilities not obtained from Telco will be provided upon terms and conditions that similar Facilities are provided by Telco, and at rates equivalent to use the rates Carrier pays for such Facilities to deliver traffic (but no greater than the rates that is destined for a facilities-based Competitive Local Exchange Carrier (CLEC), Incumbent Local Exchange Carrier (ILEC), Commercial Mobile Radio Service (CMRS) provider, or Out-of-Exchange Local Exchange Carrier (OELECsimilar Facilities are available from Telco).
3.3.1 Notwithstanding any other provision 8.3.2 Telco reserves the right to discontinue the use, for delivering Interconnection traffic from its network, of this Agreement, AT&T-13STATE shall not have dedicated transport obligations over, nor shall it have any obligation to share the cost of, Facilities between the Parties' networks that either cross a LATA boundaryall, or exceed a distance portion, of 14 miles (or the State's defined local calling area, whichever is greater) from the AT&T-13STATE Central Office Switch where the Facility connection is established.
3.3.2 When a Party uses DS-1 Facilities provided by the other Carrier. This provision does not negate any obligations either Party (either through self provisioning, or through the purchase of Facilities from the other Party or from Third Parties) to deliver traffic from its network that are (a) dedicated to the transmission of Authorized Services traffic between the Parties' networks, and (b) are shared by the Partiesmay have regarding such Facilities, such Party as, but not limited to term and notice provisions. Nothing herein will obligate Telco to reimburse the other Party Carrier for a proportionate share of the cost of Facilities. Notwithstanding the foregoing, if WSP obtains such Facilities obtained from a Third Party.
8.3.3 Carrier is responsible for transport facilities on its side of the POI.
8.4 In the event any Governmental Authority rules that Telco is entitled to recover all or any portion of its charges for Facilities provided by Telco to Carrier beyond what is provided for herein, nothing herein the Parties shall obligate AT&T-13STATE amend this Agreement, within thirty (30) Days of a written request to reimburse WSP do so, in order to provide for those Facilitiesthe payment of charges for Facilities retroactively to the Effective Date of this Agreement.
Appears in 2 contracts
Sources: Paging Facilities Agreement, Paging Facilities Agreement
TERMS AND COMPENSATION FOR USE OF FACILITIES. 3.1 Each Party 9.1 For Type 2A Interconnection, Carrier shall be responsible for providing its owned own or leased transport Facilities to route calls from AT&T-21STATE’s Tandem Switch to and from the POI. Each Party For Type 2B and Type 1 Interconnection, Carrier shall be responsible for providing its own or leased transport Facilities to route calls from AT&T-21STATE’s End Office Switch to the POI. Carrier may construct its own Facilities, or it may purchase or lease these Facilities from a Third Party, or it may purchase or lease these Facilities from the other PartyAT&T-21STATE, if available, pursuant to access services tariff or separate contract. Optional Payment Plans (OPP), and High Cap Term Payment Plans (HCTPP) are not available for transport facilities pursuant to this agreement.
3.2 The Parties will connect their networks (i.e., to and from the AT&T-13STATE Central Office Switch where the Facility connection is established) using digital Facilities of at least DS–1 transmission rates ("DS-1 Facilities"), where available.
3.3 9.2 The following shall apply solely for DS1 or smaller Facilities connecting the Parties networks dedicated for transport of one-way AT&T-21STATE-to- Carrier Authorized Services Interconnection traffic and to the POI. If Facilities are not so dedicated, or if Carrier elects to use Facilities greater than a DS1, then Carrier shall be solely responsible for transport the cost of such Facilities.
9.2.1 AT&T-21STATE shall be responsible for seventy-five percent (75%) of the Facility charges for Facilities that are used to deliver Authorized Services traffic. ▇▇▇▇▇▇▇ shall be responsible for twenty-five percent (25%) of the Facility charges for Facilities that are used to deliver Authorized Services traffic. AT&T-21STATE may review on a periodic basis, but no more often than once per year, the traffic delivered to Carrier and reserves the right to make corresponding changes to this facility discount percentage to reflect such actual traffic studies.
9.2.2 Nothing herein will obligate AT&T-21STATE to reimburse Carrier for Facilities that Carrier obtains from a Third Party Traffic. Notwithstanding the foregoing, nothing in this Agreement Party.
9.2.3 Nothing herein shall be construed as authorizing WSP Carrier to use such the Facilities to deliver land-to-mobile traffic that is destined for it receives from AT&T-21STATE to a facilities-based Competitive Local Exchange Carrier (“CLEC”), Incumbent Local Exchange Carrier (“ILEC”), Commercial Mobile Radio Service (CMRS) provider, or Out-of-Exchange Local Exchange Carrier (“OELEC)”) or another CMRS provider.
3.3.1 Notwithstanding 9.2.4 Carrier is financially and otherwise responsible for transport Facilities on its side of the POI.
9.2.5 In the event that any other provision of Governmental Authority rules that AT&T-21STATE is entitled to recover additional charges for Facilities greater than what is provided for herein, the Parties shall amend this Agreement, AT&T-13STATE shall not have dedicated transport obligations overwithin thirty (30) Days of AT&T-21STATE’s written request to do so, nor shall it have any obligation to share provide for the cost ofpayment of the additional charges, Facilities between by ▇▇▇▇▇▇▇ to AT&T-21STATE, according to the Parties' networks that either cross a LATA boundary, or exceed a distance of 14 miles (or the State's defined local calling area, whichever is greater) from the AT&T-13STATE Central Office Switch where the Facility connection is established.
3.3.2 When a Party uses DS-1 Facilities provided terms approved by the other Party (either through self provisioning, or through the purchase of Facilities from the other Party or from Third Parties) to deliver traffic from its network that are (a) dedicated to the transmission of Authorized Services traffic between the Parties' networks, and (b) are shared by the Parties, such Party will reimburse the other Party for a proportionate share of the cost of Facilities. Notwithstanding the foregoing, if WSP obtains such Facilities from a Third Party, nothing herein shall obligate AT&T-13STATE to reimburse WSP for those FacilitiesGovernmental Authority.
Appears in 2 contracts
Sources: Wholesale Agreement, Wholesale Agreement
TERMS AND COMPENSATION FOR USE OF FACILITIES. 3.1 Each Party shall be responsible for providing its owned or leased transport Facilities to route calls to and from the POI. Each Party may construct its own Facilities, it may purchase or lease these Facilities from a Third Party, or it may purchase or lease these Facilities from the other Party, if available, pursuant to access services tariff or separate contract. Optional Payment Plans (OPP), and High Cap Term Payment Plans (HCTPP) are not available for transport facilities pursuant to this agreement.
3.2 The Parties will connect their networks (i.e., to and from the AT&T-13STATE Central Office Switch where the Facility connection is established) using digital Facilities of at least DS–1 transmission rates ("DS-1 Facilities"), where available.
3.3 The following shall apply solely for Facilities connecting the Parties networks dedicated for transport of Authorized Services Interconnection traffic and for transport of Authorized Services Third Party Traffic. Notwithstanding the foregoing, nothing in this Agreement shall be construed as authorizing WSP to use such Facilities to deliver traffic that is destined for a facilities-based Competitive Local Exchange Carrier (CLEC), Incumbent Local Exchange Carrier (ILEC), Commercial Mobile Radio Service (CMRS) provider, or Out-of-Exchange Local Exchange Carrier (OELEC).. Page 53 of 127
3.3.1 3.1 Notwithstanding any other provision of this Agreement, AT&T-13STATE shall not have dedicated transport obligations over, nor shall it have any obligation to share the cost of, Facilities between the Parties' networks that either cross a LATA boundary, or exceed a distance of 14 miles (or the State's defined local calling area, whichever is greater) from the AT&T-13STATE Central Office Switch where the Facility connection is established.
3.3.2 When a Party uses DS-1 Facilities provided by the other Party (either through self provisioning, or through the purchase of Facilities from the other Party or from Third Parties) to deliver traffic from its network that are (a) dedicated to the transmission of Authorized Services traffic between the Parties' networks, and (b) are shared by the Parties, such Party will reimburse the other Party for a proportionate share of the cost of Facilities. Notwithstanding the foregoing, if WSP obtains such Facilities from a Third Party, nothing herein shall obligate AT&T-13STATE to reimburse WSP for those Facilities.
Appears in 1 contract
Sources: Interconnection Agreement
TERMS AND COMPENSATION FOR USE OF FACILITIES. 3.1 Each Party 8.1 Carrier shall be responsible for providing its owned own or leased transport Facilities to route calls to and the POI from the POISBC–13STATE’s Tandem Switch, for Type 2A Interconnection, or from SBC-13STATE’s End Office Switch, for Type 2B or Type 1 Interconnection. Each Party Carrier may construct its own Facilities, it may purchase or lease these Facilities from a Third Party, or it may purchase or lease these Facilities from the other PartySBC-13STATE, if available, pursuant to access services tariff or separate contract. Optional Payment Plans (OPP), and High Cap Term Payment Plans (HCTPP) are Facilities between the Parties' respective networks will not available for transport facilities be provided pursuant to this agreementAgreement.
3.2 8.2 The Parties will connect their networks (i.e., to and from the AT&T-13STATE Central Office Switch where the Facility connection is established) using digital Facilities of at least DS–1 transmission rates ("DS-1 Facilities")rates, where available. Should the Parties desire to share the cost of Facilities and Trunks, when Facilities larger than DS1 are dedicated to provide traffic under this Agreement, they will separately negotiate the terms for such sharing; otherwise, Carrier shall be fully responsible for costs of such Facilities and Trunks.
3.3 8.3 The following shall apply solely for DS1, or smaller Facilities connecting the Parties networks dedicated for transport of one-way Telco-to- Carrier Paging Authorized Services Interconnection traffic and for transport of Authorized Services Third Party Trafficto the POI. Notwithstanding the foregoingIf Facilities are not so dedicated, nothing in this Agreement Carrier shall be construed solely responsible for the cost of such Facilities.
8.3.1 Telco may use its own Facilities or may, at its sole discretion, use Facilities provided by Carrier, subject to the following:
8.3.1.1 Telco shall be responsible for applicable Facility charges to the extent Facilities are used to deliver Local Calls. Carrier shall be responsible for applicable Facility charges to the extent Facilities are used to deliver non-Local Calls, i.e., the sum of the Transiting Factor and the InterMTA Traffic Factor as authorizing WSP referenced in sections 9 and 10.
8.3.1.2 Carrier provision of Facilities obtained from Telco will be in accordance with Telco’s applicable Access Services tariff or separate contract.
8.3.1.3 Carrier provision of Facilities not obtained from Telco will be provided upon terms and conditions that similar Facilities are provided by Telco, and at rates equivalent to use the rates Carrier pays for such Facilities to deliver traffic (but no greater than the rates that is destined for a facilities-based Competitive Local Exchange Carrier (CLEC), Incumbent Local Exchange Carrier (ILEC), Commercial Mobile Radio Service (CMRS) provider, or Out-of-Exchange Local Exchange Carrier (OELECsimilar Facilities are available from Telco).
3.3.1 Notwithstanding any other provision 8.3.2 Telco reserves the right to discontinue the use, for delivering Interconnection traffic from its network, of this Agreement, AT&T-13STATE shall not have dedicated transport obligations over, nor shall it have any obligation to share the cost of, Facilities between the Parties' networks that either cross a LATA boundaryall, or exceed a distance portion, of 14 miles (or the State's defined local calling area, whichever is greater) from the AT&T-13STATE Central Office Switch where the Facility connection is established.
3.3.2 When a Party uses DS-1 Facilities provided by the other Carrier. This provision does not negate any obligations either Party (either through self provisioning, or through the purchase of Facilities from the other Party or from Third Parties) to deliver traffic from its network that are (a) dedicated to the transmission of Authorized Services traffic between the Parties' networks, and (b) are shared by the Partiesmay have regarding such Facilities, such Party as, but not limited to term and notice provisions. Nothing herein will obligate Telco to reimburse the other Party Carrier for a proportionate share of the cost of Facilities. Notwithstanding the foregoing, if WSP obtains such Facilities obtained from a Third Party.
8.3.3 Carrier is responsible for transport facilities on its side of the POI.
8.4 In the event any Governmental Authority rules that Telco is entitled to recover all or any portion of its charges for Facilities provided by Telco to Carrier beyond what is provided for herein, nothing herein the Parties shall obligate AT&T-13STATE amend this Agreement, within thirty (30) Days of a written request to reimburse WSP do so, in order to provide for those Facilitiesthe payment of charges for Facilities retroactively to the Effective Date of this Agreement.
Appears in 1 contract
Sources: Paging Facilities Agreement
TERMS AND COMPENSATION FOR USE OF FACILITIES. 3.1 Each Party shall be responsible for providing its owned or leased transport Facilities to route calls to and from the POI. Each Party may construct its own Facilities, it may purchase or lease these Facilities from a Third Party, or it may purchase or lease these Facilities from the other Party, if available, pursuant to access services tariff or separate contract. Optional Payment Plans (OPP), and High Cap Term Payment Plans (HCTPP) are not available for transport facilities pursuant to this agreement.
3.2 The Parties will connect their networks (i.e., to and from the AT&T-13STATE Central Office Switch where the Facility connection is established) using digital Facilities of at least DS–1 transmission rates ("DS-1 Facilities"), where available.
3.3 The following shall apply solely for Facilities connecting the Parties networks dedicated for transport of Authorized Services Interconnection traffic and for transport of Authorized Services Third Party Traffic. Notwithstanding the foregoing, nothing in this Agreement shall be construed as authorizing WSP to use such Facilities to deliver traffic that is destined for a facilities-based Competitive Local Exchange Carrier (CLEC), Third Party Incumbent Local Exchange Carrier (ILEC), Commercial Mobile Radio Service (CMRS) provider, or Out-of-Exchange Local Exchange Carrier (OELEC).
3.3.1 Notwithstanding any other provision of this Agreement, AT&T-13STATE shall not have dedicated transport obligations over, nor shall it have any obligation to share the cost of, Facilities between the Parties' networks that either cross a LATA boundary, or exceed a distance of 14 miles (or the State's defined local calling area, whichever is greater) from the AT&T-13STATE Central Office Switch where the Facility connection is established.
3.3.2 When a Party uses DS-1 Facilities provided by the other Party (either through self provisioning, or through the purchase of Facilities from the other Party or from Third Parties) to deliver traffic from its network that are (a) a dedicated to the transmission of Authorized Services traffic between the Parties' networks, and (b) are shared by the Parties, such Party will reimburse the other Party for a proportionate share of the cost of Facilities. Notwithstanding the foregoing, if WSP obtains such Facilities from a Third Party, nothing herein shall obligate and AT&T-13STATE uses such facilities, AT&T-13STATE agrees to reimburse WSP for AT&T-13STATE’s proportionate share of those FacilitiesFacilities at a rate not to exceed AT&T-13State’s access services tariff.
Appears in 1 contract
TERMS AND COMPENSATION FOR USE OF FACILITIES. 3.1 Each Party 8.1 Carrier shall be responsible for providing its owned own or leased transport Facilities to route calls to and the POI from the POISBC–13STATE’s Tandem Switch, for Type 2A Interconnection, or from SBC-13STATE’s End Office Switch, for Type 2B or Type 1 Interconnection. Each Party Carrier may construct its own Facilities, it may purchase or lease these Facilities from a Third Party, or it may purchase or lease these Facilities from the other PartySBC-13STATE, if available, pursuant to access services tariff or separate contract. Optional Payment Plans (OPP), and High Cap Term Payment Plans (HCTPP) are Facilities between the Parties' respective networks will not available for transport facilities be provided pursuant to this agreementAgreement.
3.2 8.2 The Parties will connect their networks (i.e., to and from the AT&T-13STATE Central Office Switch where the Facility connection is established) using digital Facilities of at least DS–1 transmission rates ("DS-1 Facilities")rates, where available. Should the Parties desire to share the cost of Facilities and Trunks, when Facilities larger than DS1 are dedicated to provide traffic under this Agreement, they will separately negotiate the terms for such sharing; otherwise, Carrier shall be fully responsible for costs of such Facilities and Trunks.
3.3 8.3 The following shall apply solely for DS1, or smaller Facilities connecting the Parties networks dedicated for transport of one-way Telco-to- Carrier Paging Authorized Services Interconnection traffic and for transport of Authorized Services Third Party Trafficto the POI. Notwithstanding the foregoingIf Facilities are not so dedicated, nothing in this Agreement Carrier shall be construed solely responsible for the cost of such Facilities.
8.3.1 Telco may use its own Facilities or may, at its sole discretion, use Facilities provided by Carrier, subject to the following:
8.3.1.1 Telco shall be responsible for applicable Facility charges to the extent Facilities are used to deliver Local Calls. ▇▇▇▇▇▇▇ shall be responsible for applicable Facility charges to the extent Facilities are used to deliver non-Local Calls, i.e., the sum of the Transiting Factor and the InterMTA Traffic Factor as authorizing WSP referenced in sections 9 and 10.
8.3.1.2 Carrier provision of Facilities obtained from Telco will be in accordance with Telco’s applicable Access Services tariff or separate contract.
8.3.1.3 Carrier provision of Facilities not obtained from Telco will be provided upon terms and conditions that similar Facilities are provided by Telco, and at rates equivalent to use the rates Carrier pays for such Facilities to deliver traffic (but no greater than the rates that is destined for a facilities-based Competitive Local Exchange Carrier (CLEC), Incumbent Local Exchange Carrier (ILEC), Commercial Mobile Radio Service (CMRS) provider, or Out-of-Exchange Local Exchange Carrier (OELECsimilar Facilities are available from Telco).
3.3.1 Notwithstanding any other provision 8.3.2 Telco reserves the right to discontinue the use, for delivering Interconnection traffic from its network, of this Agreement, AT&T-13STATE shall not have dedicated transport obligations over, nor shall it have any obligation to share the cost of, Facilities between the Parties' networks that either cross a LATA boundaryall, or exceed a distance portion, of 14 miles (or the State's defined local calling area, whichever is greater) from the AT&T-13STATE Central Office Switch where the Facility connection is established.
3.3.2 When a Party uses DS-1 Facilities provided by the other Carrier. This provision does not negate any obligations either Party (either through self provisioning, or through the purchase of Facilities from the other Party or from Third Parties) to deliver traffic from its network that are (a) dedicated to the transmission of Authorized Services traffic between the Parties' networks, and (b) are shared by the Partiesmay have regarding such Facilities, such Party as, but not limited to term and notice provisions. Nothing herein will obligate Telco to reimburse the other Party Carrier for a proportionate share of the cost of Facilities. Notwithstanding the foregoing, if WSP obtains such Facilities obtained from a Third Party.
8.3.3 Carrier is responsible for transport facilities on its side of the POI.
8.4 In the event any Governmental Authority rules that Telco is entitled to recover all or any portion of its charges for Facilities provided by Telco to Carrier beyond what is provided for herein, nothing herein the Parties shall obligate AT&T-13STATE amend this Agreement, within thirty (30) Days of a written request to reimburse WSP do so, in order to provide for those Facilitiesthe payment of charges for Facilities retroactively to the Effective Date of this Agreement.
Appears in 1 contract
TERMS AND COMPENSATION FOR USE OF FACILITIES. 3.1 Each Party 9.1 Carrier shall be responsible for providing its owned own or leased transport Facilities to route calls to and the POI from the POIAT&T-13STATE’s Tandem Switch, for Type 2A Interconnection, or from AT&T-13STATE’s End Office Switch, for Type 2B or Type 1 Interconnection. Each Party Carrier may construct its own Facilities, it may purchase or lease these Facilities from a Third Party, or it may purchase or lease these Facilities from the other PartyAT&T-13STATE, if available, pursuant to access services tariff or separate contract. Optional Payment Plans (OPP), and High Cap Term Payment Plans (HCTPP) are Facilities between the Parties' respective networks will not available for transport facilities be provided pursuant to this agreementAgreement.
3.2 9.2 The Parties will connect their networks (i.e., to and from the AT&T-13STATE Central Office Switch where the Facility connection is established) using digital Facilities of at least DS–1 transmission rates ("DS-1 Facilities")rates, where available. Should the Parties desire to share the cost of Facilities and Trunks, when Facilities larger than DS1 are dedicated to provide traffic under this Agreement, they will separately negotiate the terms for such sharing; otherwise, Carrier shall be fully responsible for costs of such Facilities and Trunks.
3.3 9.3 The following shall apply solely for DS1, or smaller, Facilities connecting the Parties networks dedicated for transport of one-way Telco-to- Carrier Authorized Services Interconnection traffic and for transport of Authorized Services Third Party Trafficto the POI. Notwithstanding the foregoingIf Facilities are not so dedicated, nothing in this Agreement Carrier shall be construed as authorizing WSP solely responsible for the cost of such Facilities.
9.3.1 Telco may use its own Facilities or may, at its sole discretion, use Facilities provided by Carrier, subject to use the following:
9.3.1.1 Telco shall be responsible for applicable Facility charges to the extent Facilities are used to deliver Local Calls. Carrier shall be responsible for applicable Facility charges to the extent Facilities are used to deliver non-Local Calls, i.e., the sum of the InterMTA Traffic Factor and the Transiting Factor.
9.3.1.2 Carrier provision of Facilities obtained from Telco will be in accordance with Telco’s applicable Access Services tariff or separate contract.
9.3.1.3 Carrier provision of Facilities not obtained from Telco will be provided upon terms and conditions that similar Facilities are provided by Telco, and at rates equivalent to the rates Carrier pays for such Facilities to deliver traffic (but no greater than the rates that is destined for a facilities-based Competitive Local Exchange Carrier (CLEC), Incumbent Local Exchange Carrier (ILEC), Commercial Mobile Radio Service (CMRS) provider, or Out-of-Exchange Local Exchange Carrier (OELECsimilar Facilities are available from Telco).
3.3.1 Notwithstanding any other provision 9.3.2 Telco reserves the right to discontinue the use, for delivering Interconnection traffic from its network, of this Agreement, AT&T-13STATE shall not have dedicated transport obligations over, nor shall it have any obligation to share the cost of, Facilities between the Parties' networks that either cross a LATA boundaryall, or exceed a distance portion, of 14 miles (or the State's defined local calling area, whichever is greater) from the AT&T-13STATE Central Office Switch where the Facility connection is established.
3.3.2 When a Party uses DS-1 Facilities provided by Carrier. This provision does not negate any obligations either Party may have regarding such Facilities, such as, but not limited to term and notice provisions. Nothing herein will obligate Telco to reimburse Carrier for Facilities obtained from a Third Party.
9.3.3 Carrier is responsible for transport facilities on its side of the other Party (either through self provisioningPOI.
9.4 Sections 9.4 and 9.4.1 apply only in the State of Illinois and apply solely for the DS3 Facilities located at ▇▇▇▇ Ridge, or through the purchase of Facilities from the other Party or from Third Parties) to deliver traffic from its network Illinois that are (a) dedicated to the transmission of Authorized Services traffic between currently connecting the Parties' ’ networks.
9.4.1 Pursuant to Section 9.2 above, the Parties will connect their networks using Facilities located at ▇▇▇▇ Ridge IL at DS-3 transmission rates and will share fifty percent (b50%) are shared by the Parties, such Party will reimburse the other Party for a proportionate share of the cost of Facilities. Notwithstanding the foregoing, if WSP obtains such Facilities from and Trunks at the current capacity. If the current capacity at the ▇▇▇▇ Ridge IL Facility increases in the future, the Parties will renegotiate and adjust the percentage accordingly.
9.5 In the event any Governmental Authority rules that Telco is entitled to recover all or any portion of its charges for Facilities provided by Telco to Carrier beyond what is provided for herein, the Parties shall amend this Agreement, within thirty (30) Days of a Third Partywritten request to do so, nothing herein shall obligate AT&T-13STATE in order to reimburse WSP provide for those Facilitiesthe payment of charges for Facilities retroactively to the Effective Date of this Agreement.
Appears in 1 contract
Sources: Paging Interconnection Agreement
TERMS AND COMPENSATION FOR USE OF FACILITIES. 3.1 Each Party 8.1 Carrier shall be responsible for providing its owned or leased transport Facilities ordering facilities in order for AT&T-22-STATE to route LEC originated Local calls to the POI from AT&T–22STATE’s End Office Switch, for Type 1 Interconnection. Such facilities and from associated costs will be shared by the POIparties pursuant to this Agreement, i.e., pursuant to the shared facility cost factor. Each Party Carrier may construct its own Facilities, it may purchase or lease these Facilities from a Third Party, or it may purchase or lease these Facilities from the other PartyAT&T-22STATE, if available, pursuant to access services tariff or separate contract. Optional Payment Plans (OPP), and High Cap Term Payment Plans (HCTPP) are Facilities between the Parties' respective networks will not available for transport facilities be provided pursuant to this agreementAgreement.
3.2 8.2 The Parties will connect their networks (i.e., to and from the AT&T-13STATE Central Office Switch where the Facility connection is established) using digital Facilities of at least DS–1 transmission rates ("DS-1 Facilities")DS1, DSO and/or voice grade, facilities where available.
3.3 8.3 The following shall apply solely for DS1, or smaller Facilities connecting the Parties networks dedicated for transport of one-way Telco-to- Carrier Paging Authorized Services Interconnection traffic and for transport of Authorized Services Third Party Trafficto the POI. Notwithstanding the foregoingIf Facilities are not so dedicated, nothing in this Agreement Carrier shall be construed as authorizing WSP to use solely responsible for the cost of such Facilities to deliver traffic that is destined for a facilities-based Competitive Local Exchange Carrier (CLEC), Incumbent Local Exchange Carrier (ILEC), Commercial Mobile Radio Service (CMRS) provider, or Out-of-Exchange Local Exchange Carrier (OELEC)Facilities.
3.3.1 Notwithstanding any other provision of this Agreement3.1 Telco may use its own Facilities or may, AT&T-13STATE shall not have dedicated transport obligations overat its sole discretion, nor shall it have any obligation to share the cost of, Facilities between the Parties' networks that either cross a LATA boundary, or exceed a distance of 14 miles (or the State's defined local calling area, whichever is greater) from the AT&T-13STATE Central Office Switch where the Facility connection is established.
3.3.2 When a Party uses DS-1 use Facilities provided by Carrier, subject to the other Party (either through self provisioningfollowing:
8.3.1.1 Telco shall be responsible for applicable Facility charges to the extent Facilities are used to deliver Local Calls. ▇▇▇▇▇▇▇ shall be responsible for applicable Facility charges to the extent Facilities are used to deliver non-Local Calls, or through i.e., the purchase sum of the Transiting Factor and the InterMTA Traffic Factor as referenced in sections 9 and 10.
8.3.1.2 Carrier provision of Facilities obtained from the other Party Telco will be in accordance with Telco’s applicable Access Services tariff or separate contract.
8.3.1.3 Carrier provision of Facilities not obtained from Third Parties) to deliver traffic from its network Telco will be provided upon terms and conditions that similar Facilities are (a) dedicated provided by Telco, and at rates equivalent to the transmission of Authorized Services traffic between the Parties' networks, and (b) are shared by the Parties, such Party will reimburse the other Party rates Carrier pays for a proportionate share of the cost of Facilities. Notwithstanding the foregoing, if WSP obtains such Facilities (but no greater than the rates that similar Facilities are available from a Third Party, nothing herein shall obligate AT&T-13STATE to reimburse WSP for those FacilitiesTelco).
Appears in 1 contract
Sources: Paging Facilities Agreement
TERMS AND COMPENSATION FOR USE OF FACILITIES. 3.1 Each Party shall be responsible for providing its owned or leased transport Facilities to route calls to and from the POI. Each Party may construct its own Facilities, it may purchase or lease these Facilities from a Third Party, or it may purchase or lease these Facilities from the other Party, if available, pursuant to access services tariff or separate contract. Optional Payment Plans (OPP), and High Cap Term Payment Plans (HCTPP) are not available for transport facilities pursuant to this agreement.
3.2 The Parties will connect their networks (i.e., to and from the AT&T-13STATE SBC-13STATE Central Office Switch where the Facility connection is established) using digital Facilities of at least DS–1 transmission rates ("DS-1 Facilities"), where available.
3.3 The following shall apply solely for Facilities connecting the Parties networks dedicated for transport of Authorized Services Interconnection traffic and for transport of Authorized Services Third Party Traffic. Notwithstanding the foregoing, nothing in this Agreement shall be construed as authorizing WSP to use such Facilities to deliver traffic that is destined for a facilities-based Competitive Local Exchange Carrier (CLEC), Incumbent Local Exchange Carrier (ILEC)) other than SBC-13STATE, Commercial Mobile Radio Service (CMRS) provider, or Out-of-Exchange Local Exchange Carrier (OELEC).
3.3.1 Notwithstanding any other provision of this Agreement, AT&T-13STATE SBC-13STATE shall not have dedicated transport obligations over, nor shall it have any obligation to share the cost of, Facilities between the Parties' networks that either cross a LATA boundary, or exceed a distance of 14 20 miles (or the State's defined local calling area, whichever is greater) from the AT&T-13STATE SBC-13STATE Central Office Switch where the Facility connection is established.
3.3.2 When a Party uses DS-1 Facilities provided by the other Party (either through self provisioning, or through the purchase of Facilities from the other Party or from Third Parties) to deliver traffic from its network that are (a) dedicated to the transmission of Authorized Services traffic between the Parties' networks, and (b) are shared by the Parties, such Party will reimburse the other Party for a proportionate share of the cost of Facilities.
3.3.2.1 If either Party can measure the actual amount of traffic delivered to it in minutes of use over such facilities the Parties will negotiate compensation arrangements for the allocation of the cost of such Facilities. Notwithstanding the foregoing, if WSP obtains SBC-13STATE’s use of such Facilities is equal to the amount of Local Calls traffic originated on its network and terminated on WSP’s network; WSP’s use of such Facilities and/or Trunks is equal to the amount of all remaining traffic exchanged between the Parties.
3.3.2.2 If the Parties can not measure the actual amount of traffic delivered in both directions over such Facilities and/or Trunks, or cannot distinguish Local Calls traffic from a Third all other traffic in the land-to-mobile direction, during the term hereof (in order to calculate the actual proportion of usage of such Facilities and/or Trunks by each Party), the Party, nothing herein who is delivering Interconnection traffic originating on its network through Facilities and/or Trunks provided by the other Party, shall obligate AT&T-13STATE pay to reimburse WSP the other Party providing such Facilities and/or Trunks its share of the cost of such Facilities and/or Trunks utilizing the Shared Facility Factor set forth in Appendix – Pricing (Wireless), which represents SBC-13STATE’s share of the cost; provided, however, that either Party may submit to the other Party a traffic study, a reasonable estimate of its traffic with supporting justification for those Facilities.such estimate, and/or other network information in complete and appropriate form (determined in good faith)("Shared Facility Information") that the Parties will use to negotiate in good faith a different WSP-specific Shared Facility Factor. In computing the Shared Facility Factor, the amount of Local Calls traffic originated on SBC-13STATE’s network and terminated on WSP’s network shall be compared to the sum of all other traffic exchanged between the Parties. The Shared Facility Information must be WSP-specific and relate to WSP's network in the State; it shall not be based on industry average data or the data of other Telecommunications Carriers. Once a new Shared Facility Factor has been negotiated, the Parties agree to file an Amendment with the Commission to reflect such factor within thirty
Appears in 1 contract
TERMS AND COMPENSATION FOR USE OF FACILITIES. 3.1 Nothing in this Agreement shall be construed as authorizing Carrier to receive traffic from AT&T TEXAS over Interconnection Facilities and, in turn, forward such traffic to a CLEC, an ILEC, or a non- CMRS VoIP provider (i.e., the final destination of land-to-mobile traffic delivered from AT&T TEXAS is Carrier’s End Users).
3.2 Nothing in this Agreement shall be construed as authorizing Carrier to aggregate traffic from a CLEC, an ILEC, or a non-CMRS VoIP provider and use Interconnection Facilities to deliver such traffic to AT&T TEXAS (i.e., mobile-to-land traffic delivered from Carrier to AT&T TEXAS must be from Carrier’s End Users and may not be from any CLEC, ILEC, or non-CMRS VoIP provider). For the avoidance of doubt, traffic from the End Users of such providers does not constitute Authorized Services traffic..
3.3 Each Party shall be responsible for providing its owned own or leased transport Facilities to route calls to and from the POI. Each Party may construct its own Facilities, it may purchase or lease these Facilities from a Third Party, or it may purchase or lease these Facilities from the other Party, if available, pursuant to access services tariff or separate contract. Optional Payment Plans (OPP), and High Cap Term Payment Plans (HCTPP) are not available for transport facilities pursuant to this agreement.
3.2 3.4 The Parties will connect their networks (i.e., to and from the AT&T-13STATE Central Office Switch where the Facility connection is established) using digital Facilities of at least DS–1 transmission rates ("DS-1 Facilities"), where available.
3.3 3.5 The following shall apply solely for Facilities connecting the Parties networks dedicated for transport of Authorized Services Interconnection traffic and for transport of Authorized Services Third Party Traffic. Notwithstanding the foregoing, nothing in this Agreement shall be construed as authorizing WSP to use such Facilities to deliver traffic that is destined for a facilities-based Competitive Local Exchange Carrier (CLEC), Incumbent Local Exchange Carrier (ILEC), Commercial Mobile Radio Service (CMRS) provider, or Out-of-Exchange Local Exchange Carrier (OELEC)Parties’ networks.
3.3.1 3.5.1 Notwithstanding any other provision of this Agreement, AT&T-13STATE AT&T TEXAS shall not have dedicated transport obligations over, nor shall it have any obligation to share the cost of, Facilities between the Parties' networks that either cross a LATA boundaryboundary or that are outside of the AT&T TEXAS franchise service area, or that exceed a distance of 14 fourteen (14) miles (or the State's state’s defined local calling area, whichever is greater) from the AT&T-13STATE AT&T TEXAS Central Office Switch where the Facility connection is established. ▇▇▇▇▇▇▇ is responsible for the cost of Trunks and Facilities beyond fourteen (14) miles (or outside the state’s defined local calling area, whichever is greater).
3.5.1.1 AT&T Texas shall not have dedicated transport obligations over, nor have any obligation to share the cost of, Facilities between the Parties’ networks that are outside of the AT&T TEXAS franchise service area, or extend beyond an MTA boundary, whichever is greater, from the AT&T TEXAS Central Office Switch where the Facility connection is established.
3.3.2 3.5.2 In calculating the shared cost of Facilities, AT&T TEXAS is responsible for the proportionate share of the Facilities and/or Trunks used to deliver AT&T TEXAS originated Non-Access Calls to Carrier's network under this Agreement; Carrier is responsible for the remainder of the shared cost.
3.5.3 Absent agreement of the Parties to the contrary, the cost of shared DS-1 Facilities will be split between the Parties either on relative actual traffic volumes (if the Parties can measure actual traffic volumes in both directions) or, in the absence of actual traffic measurement capabilities, according to the Shared Facility Factor listed in Appendix – Pricing (Wireless). Should the Parties desire to share the cost of Facilities larger than DS-1 Facilities, they will separately negotiate terms for such sharing.
3.5.3.1 Where Carrier has purchased high bandwidth facilities (e.g., DS3 and above) for multiple uses, Carrier will make available these facilities, for trunking and Interconnection, to AT&T TEXAS. If AT&T TEXAS chooses to use such high bandwidth facilities for trunking and Interconnection, Carrier will charge AT&T TEXAS a proportionate share of the cost of the high bandwidth facilities. Carrier shall bill and AT&T TEXAS shall pay Carrier at a rate representative of a DS1 equivalent based upon each 200,000 MOUs of AT&T TEXAS originated traffic over such high bandwidth facilities within a single month and based upon Carrier’s actual cost of a DS1 on such high bandwidth facilities, not to exceed AT&T TEXAS’ tariffed rates.
3.5.3.2 The Shared Facility Factor is Carrier specific; any other carrier adopting this Agreement must supply its own Carrier-specific data to support its own Factor. The amount of AT&T TEXAS originated traffic shall be based upon actual measurements.
3.5.4 Each Party reserves the right to refuse or discontinue the use of a shared Facilities arrangement provided by the other Party, the Facilities provided directly by the other Party or via a Third Party. This provision does not negate any obligations either Party may have regarding such Facilities, such as but not limited to, term and notice provisions.
3.5.5 When a Party uses DS-1 its own Facilities (either through self-provisioning, or through the purchase of Facilities from the other Party or from Third Parties) to deliver one-way traffic flowing from its network to the POI for delivery to the other Party’s network, such Party shall provide such Facilities at its sole cost and expense.
3.5.6 When a Party uses Facilities provided by the other Party (either through self provisioning, or through the purchase of Facilities from the other Party or from Third Parties) to deliver traffic from its network that are (a) dedicated to the transmission of Authorized Services traffic between the Parties' networks, and (b) are shared by the Parties, such Party will reimburse the other Party for a proportionate share of the cost of Facilities. Notwithstanding the foregoing, if WSP Carrier obtains such shared Facilities from a Third Party, nothing herein shall obligate AT&T-13STATE AT&T TEXAS to reimburse WSP Carrier for those Facilities. AT&T TEXAS will not utilize third party facilities for routing AT&T TEXAS originated traffic to Carrier. If AT&T TEXAS desires to utilize third party facilities then the Parties agree to amend this Agreement.
3.5.6.1 If either Party can measure the actual amount of traffic delivered to it in minutes of use over such Facilities the Parties will negotiate compensation arrangements for the allocation of the cost of such Facilities. AT&T TEXAS’ use of such Facilities is equal to the amount of Non-Access traffic originated on its network and terminated on Carrier’s network; Carrier’s use of such Facilities and/or Trunks is the sum of the following: (1) the amount of traffic of any kind delivered to AT&T TEXAS’ network by Carrier, and (2) the amount of Transit Traffic delivered to Carrier’s network by AT&T TEXAS.
3.5.6.2 If the Parties can not measure the actual amount of traffic delivered in both directions over such Facilities and/or Trunks, or cannot distinguish Non-Access Calls from all other traffic in the land-to-mobile direction, during the term hereof (in order to calculate the actual proportion of usage of such Facilities and/or Trunks by each Party), the Party, who is delivering traffic through Facilities and/or Trunks provided by the other Party, shall pay to the other Party providing such Facilities and/or Trunks its share of the costs of such Facilities and/or Trunks utilizing the Shared Facility Factor set forth in Appendix – Pricing (Wireless) which represents AT&T TEXAS’ share of the cost; provided, however, that either Party may submit to the other Party a traffic study, a reasonable estimate of its traffic with supporting justification for such estimate, and/or other network information in complete and appropriate form (determined in good faith)("Shared Facility Information") that the Parties will use to negotiate in good faith a different Carrier-specific Shared Facility Factor. In computing the Shared Facility Factor, the amount of Non- Access Calls originated on AT&T TEXAS’ network and terminated on Carrier’s network, shall be compared to the sum of all other traffic exchanged between the Parties. The Shared Facility Information must be Carrier-specific and relate to Carrier's network in the State; it shall not be based on industry average data or the data of other Telecommunications Carriers. If such Shared Facility Information is provided within ninety (90) Days after the date this Agreement is executed by duly authorized representatives of both Parties, then any Carrier-specific Shared Facility Factor derived using such Shared Facility Information shall be effective as of the date on which the Shared Facility Information was provided in complete and appropriate form (determined in good faith) to the other Party, but no earlier than the Effective Date of this Agreement; otherwise, the Carrier-specific Shared Facility Factor will be effective as of the date the Shared Facility Information was provided in complete and appropriate form (determined in good faith) to the other Party. Any Carrier-specific Shared Facility Factor that becomes effective during the Initial Term of the Agreement will remain in effect during the Initial Term of the Agreement. After the expiration of the Initial Term hereof, such Carrier- specific Shared Facility Factor established during the Initial Term shall remain in effect thereafter unless either Party provides new Shared Facility Information to the other Party. In such case, the Parties shall use that new Carrier-specific Shared Facility Information to renegotiate in good faith a new revised Carrier-specific Shared Facility Factor. Renegotiation of the Carrier-specific Shared Facility Factor shall occur no more frequently than once every twelve months.
Appears in 1 contract
Sources: Interconnection Agreement
TERMS AND COMPENSATION FOR USE OF FACILITIES. 3.1 Each Party shall be responsible for providing its owned or leased transport Facilities to route calls to and from the POI. Each Party may construct its own Facilities, it may purchase or lease these Facilities from a Third Party, or it may purchase or lease these Facilities from the other Party, if available, pursuant to access services tariff or separate contract. Optional Payment Plans (OPP), and High Cap Term Payment Plans (HCTPP) are not available for transport facilities pursuant to this agreement.
3.2 The Parties will connect their networks (i.e., to and from the AT&T-13STATE SBC-13STATE Central Office Switch where the Facility connection is established) using digital Facilities of at least DS–1 transmission rates ("DS-1 Facilities"), where available.
3.3 The following shall apply solely for Facilities connecting the Parties networks dedicated for transport of Authorized Services Interconnection traffic and for transport of Authorized Services Third Party Traffic. Notwithstanding the foregoing, nothing in this Agreement shall be construed as authorizing WSP to use such Facilities to deliver traffic that is destined for a facilities-based Competitive Local Exchange Carrier (CLEC), Incumbent Local Exchange Carrier (ILEC), Commercial Mobile Radio Service (CMRS) provider, or Out-of-Exchange Local Exchange Carrier (OELEC).
3.3.1 Notwithstanding any other provision of this Agreement, AT&T-13STATE SBC-13STATE shall not have dedicated transport obligations over, nor shall it have any obligation to share the cost of, Facilities between the Parties' networks that either cross a LATA boundary, or exceed a distance of 14 miles (or the State's defined local calling area, whichever is greater) from the AT&T-13STATE SBC-13STATE Central Office Switch where the Facility connection is established.
3.3.2 When a Party uses DS-1 Facilities provided by the other Party (either through self provisioning, or through the purchase of Facilities from the other Party or from Third Parties) to deliver traffic from its network that are (a) dedicated to the transmission of Authorized Services traffic between the Parties' networks, and (b) are shared by the Parties, such Party will reimburse the other Party for a proportionate share of the cost of Facilities. Notwithstanding the foregoing, if WSP obtains such Facilities from a Third Party, nothing herein shall obligate AT&T-13STATE SBC-13STATE to reimburse WSP for those Facilities.
Appears in 1 contract
Sources: Interconnection Agreement
TERMS AND COMPENSATION FOR USE OF FACILITIES. 3.1 Each Party shall be responsible for providing its owned own or leased transport Facilities to route calls to and from the POI. Each Party may construct its own Facilities, it may purchase or lease these Facilities from a Third Party, or it may purchase or lease these Facilities from the other Party, if available, pursuant to access services tariff or separate contract. Optional Payment Plans (OPP), and High Cap Term Payment Plans (HCTPP) are not available for transport facilities pursuant to this agreement.
3.2 The Parties will connect their networks (i.e., to and from the AT&T-13STATE Central Office Switch where the Facility connection is established) using digital Facilities of at least DS–1 transmission rates ("DS-1 Facilities"), where available.
3.3 The following shall apply solely for Facilities connecting the Parties networks dedicated for transport of Authorized Services Interconnection traffic and for transport of Authorized Services Third Party Traffic. Notwithstanding the foregoing, nothing in this Agreement shall be construed as authorizing WSP to use such Facilities to deliver traffic that is destined for a facilities-based Competitive Local Exchange Carrier (CLEC), Incumbent Local Exchange Carrier (ILEC), Commercial Mobile Radio Service (CMRS) provider, or Out-of-Exchange Local Exchange Carrier (OELEC). The Parties must execute a separate agreement for routing of any Third Party Traffic over the facilities described above.
3.3.1 Notwithstanding any other provision of this Agreement, AT&T-13STATE SBC-13STATE shall not have dedicated transport obligations over, nor shall it have any obligation to share the cost of, Facilities between the Parties' networks that either cross a LATA boundary, or exceed a distance of 14 miles (or the State's defined local calling area, whichever is greater) from the AT&T-13STATE Central Office Switch where the Facility connection is established.
3.3.2 In calculating the shared cost of Facilities, SBC-13STATE is responsible for the proportionate share of the Facilities and/or Trunks used to deliver Local Calls to WSP's network under this Agreement WSP is responsible for the remainder of the shared cost..
3.3.3 Absent agreement of the Parties to the contrary, the cost of shared DS-1 Facilities will be split between the Parties either on relative actual traffic volumes (if the Parties can measure actual traffic volumes in both directions) or, in the absence of actual traffic measurement capabilities, according to the Shared Facility Factor listed in Appendix – Pricing (Wireless). Should the Parties desire to share the cost of Facilities larger than DS-1 Facilities, they will separately negotiate terms for such sharing.
3.3.4 Each Party reserves the right to refuse or discontinue the use of a shared Facilities arrangement provided by the other Party, the Facilities provided directly by the other Party or via a Third Party. This provision does not negate any obligations either Party may have regarding such Facilities, such as but not limited to, term and notice provisions.
3.3.5 When a Party uses DS-1 its own Facilities (either through self-provisioning, or through the purchase of Facilities from the other Party or from Third Parties) to deliver one-way traffic from its network to the POI, such Party shall provide such Facilities at its sole cost and expense.
3.3.6 When a Party uses Facilities provided by the other Party (either through self provisioning, or through the purchase of Facilities from the other Party or from Third Parties) to deliver traffic from its network that are (a) dedicated to the transmission of Authorized Services traffic between the Parties' networks, and (b) are shared by the Parties, such Party will reimburse the other Party for a proportionate share of the cost of Facilities. Notwithstanding the foregoing, if WSP obtains such shared Facilities from a Third Party, nothing herein shall obligate AT&T-13STATE SBC-13STATE to reimburse WSP for those Facilities. SBC will not utilize third party facilities for routing originating traffic to ALLTEL. If SBC desires to utilize third party facilities then the Parties agree to amend this Agreement.
3.3.6.1 If either Party can measure the actual amount of traffic delivered to it in minutes of use over such Facilities the Parties will negotiate compensation arrangements for the allocation of the cost of such Facilities. SBC-13STATE’s use of such Facilities is equal to the amount of traffic originated on its network and terminated on WSP’s network; WSP’s use of such Facilities and/or Trunks is the sum of the following: (1) the amount of traffic originated on WSP’s network delivered to SBC-13STATE’s network, and (2) the amount of Transit Traffic delivered to WSP’s network by SBC-13STATE.
3.3.6.2 If the Parties can not measure the actual amount of traffic delivered in both directions over such Facilities and/or Trunks, or cannot distinguish Local Calls from all other traffic in the land-to-mobile direction, during the term hereof (in order to calculate the actual proportion of usage of such Facilities and/or Trunks by each Party), the Party, who is delivering Interconnection traffic originating on its network through Facilities and/or Trunks provided by the other Party, shall pay to the other Party providing such Facilities and/or Trunks its share of the costs of such Facilities and/or Trunks utilizing the Shared Facility Factor set forth in Appendix – Pricing (Wireless) which represents SBC 13-STATE’s share of the cost; provided, however, that either Party may submit to the other Party a traffic study, a reasonable estimate of its traffic with supporting justification for such estimate, and/or other network information in complete and appropriate form (determined in good faith)("Shared Facility Information") that the Parties will use to negotiate in good faith a different WSP- specific Shared Facility Factor. In computing the Shared Facility Factor, the amount of Local Calls originated on SBC 13-STATE’s network and terminated on WSP’s network, shall be compared to the sum of all other traffic exchanged between the Parties. The Shared Facility Information must be WSP-specific and relate to WSP's network in the State; it shall not be based on industry average data or the data of other Telecommunications Carriers. If such Shared Facility Information is provided within ninety (90) Days after the date this Agreement is executed by duly authorized representatives of both Parties, then any WSP-specific Shared Facility Factor derived using such Shared Facility Information shall be effective as of the date on which the Shared Facility Information was provided in complete and appropriate form (determined in good faith) to the other Party, but no earlier than the Effective Date of this Agreement; otherwise, the WSP-specific Shared Facility Factor will be effective as of the date the Shared Facility Information was provided in complete and appropriate form (determined in good faith) to the other Party. Any WSP-specific Shared Facility Factor that becomes effective during the Initial Term of the Agreement will remain in effect during the Initial Term of the Agreement. After the expiration of the Initial Term hereof, such WSP- specific Shared Facility Factor established during the Initial Term shall remain in effect thereafter unless either Party provides new Shared Facility Information to the other Party. In such case, the Parties shall use that new WSP-specific Shared Facility Information to renegotiate in good faith a new revised WSP-specific Shared Facility Factor. Renegotiation of the WSP-specific Shared Facility Factor shall occur no more frequently than once every twelve months.
Appears in 1 contract
Sources: Interconnection Agreement
TERMS AND COMPENSATION FOR USE OF FACILITIES. 3.1 Each Party 8.1 Carrier shall be responsible for providing its owned own or leased transport Facilities to route calls to and the POI from the POITelco’s Tandem Switch, for Type 2A Interconnection, or from Telco’s End Office Switch, for Type 2B or Type 1 Interconnection. Each Party Carrier may construct its own Facilities, it may purchase or lease these Facilities from a Third Party, or it may purchase or lease these Facilities from the other PartyAT&T-22STATE, if available, pursuant to access services tariff or separate contract. Optional Payment Plans (OPP), and High Cap Term Payment Plans (HCTPP) are Facilities between the Parties' respective networks will not available for transport facilities be provided pursuant to this agreementAgreement.
3.2 8.2 The Parties will connect their networks (i.e., to and from the AT&T-13STATE Central Office Switch where the Facility connection is established) using digital Facilities of at least DS–1 transmission rates ("DS-1 Facilities")rates, where available. Should the Parties desire to share the cost of Facilities and Trunks, when Facilities larger than DS1 are dedicated to provide traffic under this Agreement, they will separately negotiate the terms for such sharing; otherwise, Carrier shall be fully responsible for costs of such Facilities and Trunks.
3.3 8.3 The following shall apply solely for DS1, or smaller Facilities connecting the Parties networks dedicated for transport of one-way Telco-to- Carrier Paging Authorized Services Interconnection traffic and for transport of Authorized Services Third Party Trafficto the POI. Notwithstanding the foregoingIf Facilities are not so dedicated, nothing in this Agreement Carrier shall be construed solely responsible for the cost of such Facilities.
8.3.1 Telco may use its own Facilities or may, at its sole discretion, use Facilities provided by Carrier, subject to the following:
8.3.1.1 Telco shall be responsible for applicable Facility charges to the extent Facilities are used to deliver Local Calls. ▇▇▇▇▇▇▇ shall be responsible for applicable Facility charges to the extent Facilities are used to deliver non-Local Calls, i.e., the sum of the Transiting Factor and the InterMTA Traffic Factor as authorizing WSP referenced in sections 9 and 10.
8.3.1.2 Carrier provision of Facilities obtained from Telco will be in accordance with Telco’s applicable Access Services tariff or separate contract.
8.3.1.3 Carrier provision of Facilities not obtained from Telco will be provided upon terms and conditions that similar Facilities are provided by Telco, and at rates equivalent to use the rates Carrier pays for such Facilities to deliver traffic (but no greater than the rates that is destined for a facilities-based Competitive Local Exchange Carrier (CLEC), Incumbent Local Exchange Carrier (ILEC), Commercial Mobile Radio Service (CMRS) provider, or Out-of-Exchange Local Exchange Carrier (OELECsimilar Facilities are available from Telco).
3.3.1 Notwithstanding any other provision 8.3.2 Telco reserves the right to discontinue the use, for delivering Interconnection traffic from its network, of this Agreement, AT&T-13STATE shall not have dedicated transport obligations over, nor shall it have any obligation to share the cost of, Facilities between the Parties' networks that either cross a LATA boundaryall, or exceed a distance portion, of 14 miles (or the State's defined local calling area, whichever is greater) from the AT&T-13STATE Central Office Switch where the Facility connection is established.
3.3.2 When a Party uses DS-1 Facilities provided by the other Carrier. This provision does not negate any obligations either Party (either through self provisioning, or through the purchase of Facilities from the other Party or from Third Parties) to deliver traffic from its network that are (a) dedicated to the transmission of Authorized Services traffic between the Parties' networks, and (b) are shared by the Partiesmay have regarding such Facilities, such Party as, but not limited to term and notice provisions. Nothing herein will obligate Telco to reimburse the other Party Carrier for a proportionate share of the cost of Facilities. Notwithstanding the foregoing, if WSP obtains such Facilities obtained from a Third Party.
8.3.3 Carrier is responsible for transport facilities on its side of the POI.
8.4 In the event any Governmental Authority rules that Telco is entitled to recover all or any portion of its charges for Facilities provided by Telco to Carrier beyond what is provided for herein, nothing herein the Parties shall obligate AT&T-13STATE amend this Agreement, within thirty (30) Days of a written request to reimburse WSP do so, in order to provide for those Facilities.the payment of charges for Facilities retroactively to the Effective Date of this Agreement.
Appears in 1 contract
Sources: Paging Facilities Agreement
TERMS AND COMPENSATION FOR USE OF FACILITIES. 3.1 Each Party shall be responsible for providing its owned or leased transport Facilities to route calls to and from the POI. Each Party may construct its own Facilities, it may purchase or lease these Facilities from a Third Party, or it may purchase or lease these Facilities from the other Party, if available, pursuant to access services tariff or separate contract. Optional Payment Plans (OPP), and High Cap Term Payment Plans (HCTPP) are not available for transport facilities pursuant to this agreement.
3.2 The Parties will connect their networks (i.e., to and from the AT&T-13STATE Central Office Switch where the Facility connection is established) using digital Facilities of at least DS–1 transmission rates ("DS-1 Facilities"), where available.
3.3 The following shall apply solely for Facilities connecting the Parties Parties’ networks dedicated for transport of Authorized Services Interconnection traffic and for transport of Authorized Services Third Party Traffic. Notwithstanding the foregoing, nothing in this Agreement shall be construed as authorizing WSP to use such Facilities to deliver traffic that is destined for a facilities-based Competitive Local Exchange Carrier (CLEC), Incumbent Local Exchange Carrier (ILEC), Commercial Mobile Radio Service (CMRS) provider, or Out-of-Exchange Local Exchange Carrier (OELEC).
3.3.1 Notwithstanding any other provision of this Agreement, AT&T-13STATE shall not have dedicated transport obligations over, nor shall it have any obligation to share the cost of, Facilities between the Parties' networks that either cross a LATA boundary, or exceed a distance of 14 miles (or the State's defined local calling area, whichever is greater) from the AT&T-13STATE Central Office Switch where the Facility connection is established.
3.3.2 When a Party uses DS-1 Facilities provided by the other Party (either through self provisioning, or through the purchase of Facilities from the other Party or from Third Parties) to deliver traffic from its network that are (a) dedicated to the transmission of Authorized Services traffic between the Parties' networks, and (b) are shared by the Parties, such Party will reimburse the other Party for a proportionate share of the cost of Facilities. Notwithstanding the foregoing, if WSP obtains such Facilities from a Third Party, nothing herein shall obligate AT&T-13STATE to reimburse WSP for those Facilities.
Appears in 1 contract
TERMS AND COMPENSATION FOR USE OF FACILITIES. 3.1 9.1. Each Party shall be responsible for providing its owned own or leased transport Facilities to route calls to and from the POI. Each Party may construct its own Facilities, it may purchase or lease these Facilities from a Third Partythird party, or it may purchase or lease these Facilities from the other Party, if available, pursuant to access services tariff or separate contract. Optional Payment Plans (OPP), and High Cap Term Payment Plans (HCTPP) are Facilities between the Parties' respective networks will not available for transport facilities be provided pursuant to this agreementAgreement.
3.2 The 9.2. Except when a Type 1 interface is employed, in which case analog Facilities may be used, the Parties will connect their networks (i.e., to and from the AT&T-13STATE Central Office Switch where the Facility connection is established) using digital Facilities of at least DS–1 transmission rates ("DS-1 Facilities"), where availablerates.
3.3 9.3. The following shall apply solely for to Facilities connecting the Parties networks dedicated for transport of Authorized Services Interconnection traffic traffic.
9.3.1. Provision of Facilitiesobtained from Telco will be in accordance with Telco’s access tariff except that when and for transport if the Commission or the FCC or a court of Authorized Services Third Party Traffic. Notwithstanding the foregoing, nothing in this Agreement shall be construed as authorizing WSP to use such competent jurisdiction issues an effective order requiring Facilities to deliver traffic that is destined for a facilities-based Competitive Local Exchange Carrier be priced in accord with the total element long run incremental cost standard (CLEC), Incumbent Local Exchange Carrier (ILEC), Commercial Mobile Radio Service (CMRS“Telric”) providerdescribed by the FCC’s First Report and Order, or Out-of-Exchange Local Exchange Carrier (OELEC)similar forward looking cost standard, Facilities billed by Telco under this agreement shall at Carrier’s request be repriced prospectively and in accord with the new standard.
3.3.1 Notwithstanding 9.3.2. Each Party reserves the right to discontinue the use, for delivering Local Calls from its network, of all, or a portion, of the Facilities provided by the other Party for exchanging Local Calls. This provision does not negate any other provision obligations either Party may have regarding such Facilities, such as, but not limited to term and notice provisions. Nothing herein will obligate Telco to reimburse Carrier for Facilities obtained from a third party.
9.3.3. Subject to the provisions of this AgreementSection 3.1.6 above, AT&T-13STATE shall the Parties agree that they will not have impose dedicated transport obligations over, nor shall it have any obligation to share on the cost of, other Party over Facilities between the Parties' networks that either cross a exceed the shorter of the distance to the LATA boundary, boundary or exceed a distance of 14 miles (or the State's defined local calling area, whichever is greater) from the AT&T-13STATE Central Office Switch where the Facility connection is established30 miles.
3.3.2 When a Party uses DS-1 Facilities provided by 9.3.4. Absent agreement of the other Party (either through self provisioning, or through the purchase of Facilities from the other Party or from Third Parties) to deliver traffic from its network that are (a) dedicated Parties to the transmission of Authorized Services traffic between the Parties' networkscontrary, and (b) are shared by the Parties, such Party will reimburse the other Party for a proportionate share of the cost of Facilitiesshared Facilities and Trunks, when Facilities of DS1 or smaller are dedicated to provide traffic under this Agreement, will be split between the Parties either on relative actual traffic volumes (if the Parties can measure actual traffic volumes in both directions) or, in the absence of actual traffic measurement capabilities, according to the Shared Facility Factors and procedures listed in Appendix – Pricing (Wireless). Notwithstanding Should the foregoingParties desire to share the cost of Facilities and Trunks, if WSP obtains when Facilities larger than DS1 are dedicated to provide traffic under this Agreement, they will separately negotiate terms for such Facilities from a Third Party, nothing herein shall obligate AT&T-13STATE to reimburse WSP for those Facilitiessharing.
Appears in 1 contract