Common use of TERMS AND COMPENSATION FOR USE OF FACILITIES Clause in Contracts

TERMS AND COMPENSATION FOR USE OF FACILITIES. 9.1 Each Party shall be responsible for providing its 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 tariff or separate contract. Facilities between the Parties' respective networks will not be provided pursuant to this Agreement. Carrier shall be responsible for transport facilities for (a) Type 2B traffic for mobile to land traffic (b) ancillary services such as 911, choke, OS/DA, long distance access, and (c) any service requiring use of Type 1 trunking. 9.2 Except when a Type 1 interface is employed, in which case analog Facilities may be used, the Parties will connect their networks using digital Facilities of at least DS–1 transmission rates. 9.3 The following shall apply solely for Facilities dedicated for transport of Interconnection traffic. 9.3.1 Each Party reserves the right to discontinue the use, for delivering Interconnection traffic from its network, of all, or a portion, of the Facilities provided by the other 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. Nothing herein will obligate Telco to reimburse Carrier for Facilities obtained from a third party unless Carrier purchases Facilities from a third party and Telco utilizes such Facilities for the transport of traffic originating on the Telco network. 9.3.2 Absent agreement of the Parties to the contrary, the cost of shared 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 70/30 algorithm described in Section 7.5.2.

TERMS AND COMPENSATION FOR USE OF FACILITIES. 9.1 Each Party shall be responsible for providing its 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 availableavailable Where Carrier leases Transport Facilities solely for Local Interconnection from Telco, pursuant to tariff or separate contractTelco will provide those facilities at the Commission approved cost based pricing. If Telco has not included these Facilities between in its Cost Docket Proceedings Telco shall use the Parties' respective networks will not be provided pursuant to this Agreement. Carrier shall be responsible for transport facilities for (a) Type 2B traffic for mobile to land traffic (b) ancillary services such price of unbundled network elements as 911, choke, OS/DA, long distance access, and (c) any service requiring use of Type 1 trunkinga proxy. 9.2 Except when a Type 1 interface is employed, in which case analog Facilities may be used, the Parties will connect their networks using digital Facilities of at least DS–1 transmission rates. 9.3 The following shall apply solely for Facilities dedicated for transport of Interconnection traffic. 9.3.1 Each Party reserves the right to discontinue the use, for delivering Interconnection traffic from its network, of all, or a portion, of the Facilities provided by the other 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. Nothing herein will obligate Telco to reimburse Carrier for Facilities obtained from a third party unless Carrier purchases Facilities from a third party and Telco utilizes such Facilities for the transport of traffic originating on the Telco network. 9.3.2 Absent agreement of the Parties to the contrary, the cost of shared 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 70/30 algorithm described in Section 7.5.2.