Common use of Transit Service Clause in Contracts

Transit Service. 12.1 As used in this Section, Transit Service is Telephone Exchange Service traffic that originates on Carrier's network, and is transported through Frontier’s Tandem to the subtending End Office or its equivalent of another carrier (CLEC, ILEC other than Frontier, Commercial Mobile Radio Service (CMRS) carrier, or other LEC (“Other Carrier”), when neither the originating nor terminating customer is a Customer of Frontier. For the avoidance of any doubt, under no circumstances shall Frontier be required to transit traffic through a Frontier Tandem to an End Office that does not have local Interconnection facilities and direct trunks to that particular Frontier Tandem. Switched Exchange Access Service traffic is not Transit Service. 12.1.1 If Carrier provides service using an NPA-NXX assigned to a rate center where Frontier provides extended area service or an applicable regulatory authority approved optional calling plan, and Carrier chooses to indirectly interconnect by using the tandem switching facilities of a third party, Frontier will have no obligation to route and rate traffic to Carrier’s NPA-NXX as an EAS call or pursuant to an optional calling plan unless Carrier has established a trunking and transiting arrangement for this traffic with Frontier and the other telecommunications carrier(s) utilizing the trunk and providing transiting service for the traffic. 12.2 Transit Service provides Carrier with the transport of Transit Service as provided below. 12.3 Transit Service may be routed over the Interconnection Trunks described in Sections 2 through 6 of this Attachment. Carrier shall deliver each Transit Service call to Frontier’s Tandem with CCS and the appropriate Transactional Capabilities Application Part (“TCAP”) message to facilitate full interoperability of CLASS Features and billing functions. 12.3.1 Carrier may use Transit Service only for traffic that originates on Carrier’s network and only to send traffic to an Other Carrier with whom Carrier has a reciprocal traffic exchange arrangement (either via written agreement or mutual tariffs) that provides for the Other Carrier, to terminate or complete traffic originated by Carrier and to ▇▇▇▇ ▇▇▇▇▇▇▇, and not to bill Frontier, for such traffic. ▇▇▇▇▇▇▇ agrees not to use Frontier’s Transit Service to send traffic to an Other Carrier with whom ▇▇▇▇▇▇▇ does not have such a reciprocal traffic exchange arrangement or to send traffic that does not originate on Carrier’s network. 12.4 Carrier shall pay Frontier for Transit Service at the rates specified in the Pricing Attachment. Frontier will not be liable for compensation to any Other Carrier for any traffic that is transported through Frontier’s Tandem and Frontier reserves the right to assess to Carrier any additional charges or costs any Other Carrier imposes or levies on Frontier for the delivery or termination of such traffic, including any Switched Exchange Access Service charges. If Frontier is billed by any Other Carrier for any traffic originated by Carrier, Frontier may provide notice to Carrier of such billing. Upon receipt of such notice, Carrier shall immediately stop using Frontier’s Transit Service to send any traffic to such Other Carrier until it has provided to Frontier certification that the Other Carrier has removed such billed charges from its bill to Frontier and that the Other Carrier will not bill Frontier for any traffic originated by Carrier. Such certification must be signed by an authorized officer or agent of the Other Carrier and must be in a form acceptable to Frontier. 12.5 If Carrier uses Transit Service for traffic volumes that exceed the Centum Call Seconds (Hundred Call Seconds) busy hour equivalent of 200,000 combined minutes of use per month (a DS1 equivalent) to the subtending End Office of a particular Other Carrier for any month (the “Threshold Level”). Carrier shall use good faith efforts to establish direct interconnection with such Other Carrier and reduce such traffic volumes below the Threshold Level. If Frontier believes that ▇▇▇▇▇▇▇ has not exercised good faith efforts promptly to obtain such direct interconnection, either Party may use the Dispute Resolution processes of this Agreement. 12.6 If Carrier fails to comply with Section 12 of this Attachment, such failure shall be a material breach of a material provision of this Agreement and Frontier may exercise any and all remedies under this Agreement and Applicable Law for such breach. 12.7 If or when a third party carrier plans to subtend a Carrier switch, then Carrier shall provide written notice to Frontier at least ninety (90) days before such subtending service arrangement becomes effective so that Frontier may negotiate and establish direct interconnection with such third party carrier. Upon written request from Frontier, Carrier shall offer to Frontier a service arrangement equivalent to or the same as Transit Service provided by Frontier to Carrier as defined in this Section such that Frontier may terminate calls to a Central Office or its equivalent of a CLEC, ILEC other than Frontier, CMRS carrier, or other LEC, that subtends a Carrier Central Office or its equivalent (“Reciprocal Tandem Transit Service”). Carrier shall offer such Reciprocal Transit Service arrangements under terms and conditions of an amendment to this Agreement or a separate agreement no less favorable than those provided in this Section. 12.8 Neither Party shall take any actions to prevent the other Party from entering into a direct and reciprocal traffic exchange arrangement with any carrier to which it originates, or from which it terminates, traffic.

Appears in 2 contracts

Sources: Telecommunications, Telecommunications

Transit Service. 12.1 As 13.1 Where Frontier operates a tandem, and as used in this Section, Transit Service is Telephone Exchange Service traffic that originates on Carrier's ▇▇▇▇▇'▇ network, and is transported through Frontier’s Tandem to the subtending End Office or its Frontier equivalent of another carrier (CLEC, ILEC other than Frontier, Commercial Mobile Radio Service (CMRS) carrier, or other LEC (“Other Carrier”), when neither the originating nor terminating customer is a Customer of Frontier. For the avoidance of any doubt, under no circumstances shall Frontier be required to transit traffic through a Frontier Tandem to an End Office that does not have local Interconnection facilities and direct trunks to that particular Frontier Tandem. Switched Exchange Access Service traffic is not Transit Service. 12.1.1 13.1.1 If Carrier ▇▇▇▇▇ provides service using an NPA-NXX assigned to a rate center where Frontier provides extended area service or an applicable regulatory authority approved optional calling plan, and Carrier ▇▇▇▇▇ chooses to indirectly interconnect by using the tandem switching facilities of a third party, Frontier will have no obligation to route and rate traffic to Carrier’s NPA-NXX ▇▇▇▇▇ -NXX as an EAS call or pursuant to an optional calling plan unless Carrier ▇▇▇▇▇ has established a trunking and transiting arrangement for this traffic with Frontier and the other telecommunications carrier(s) utilizing the trunk and providing transiting service for the traffic. 12.2 13.2 Transit Service provides Carrier ▇▇▇▇▇ with the transport of Transit Service as provided below. 12.3 13.3 Transit Service may be routed over the Interconnection Trunks described in Sections 2 through 6 of this Attachment. Carrier ▇▇▇▇▇ shall deliver each Transit Service call to Frontier’s Tandem with CCS and the appropriate Transactional Capabilities Application Part (“TCAP”) message to facilitate litate full interoperability of CLASS Features and billing functions. 12.3.1 Carrier 13.3.1 ▇▇▇▇▇ may use Transit Service only for traffic that originates on Carrier’s ▇▇▇▇▇ network and only to send traffic to an Other Carrier with whom Carrier ▇▇▇▇▇ has a reciprocal traffic exchange arrangement (either via written agreement or mutual tariffs) that provides for the Other Carrier, to terminate or complete traffic originated by Carrier ▇▇▇▇▇ and to ▇▇▇▇ ▇▇▇▇▇▇▇, and not to bill Frontier, for such traffic. ▇▇▇▇▇▇▇ agrees not to use Frontier’s Transit Service to send traffic to an Other Carrier with whom ▇▇▇▇▇▇▇ does not have such a reciprocal traffic exchange arrangement or to send traffic that does not originate on Carrier’s ▇▇▇▇▇ network. 12.4 Carrier 13.4 ▇▇▇▇▇ shall pay Frontier for Transit Service at the rates specified in the Pricing Attachment. Frontier will not be liable for compensation to any Other Carrier for any traffic that is transported through Frontier’s Tandem and Frontier reserves the right to assess to Carrier ▇▇▇▇▇ any additional charges or costs any Other Carrier imposes or levies on Frontier for the delivery or termination of such traffic, including any Switched Exchange Access Service charges. If Frontier is billed by any Other Carrier for any traffic originated by Carrier▇▇▇▇▇, Frontier may provide notice to Carrier ▇▇▇▇▇ of such billing. Upon receipt of such notice, Carrier ▇▇▇▇▇ shall immediately stop using Frontier’s Transit Service to send any traffic to such Other Carrier until it has provided to Frontier certification that the Other Carrier has removed such billed charges from its bill to Frontier and that the Other Carrier will not bill Frontier for any traffic originated by Carrier▇▇▇▇▇. Such certification must be signed by an authorized officer or agent of the Other Carrier and must be in a form acceptable to Frontier. 12.5 13.5 If Carrier ▇▇▇▇▇ uses Transit Service for traffic volumes that exceed the Centum Call Seconds (Hundred Call Seconds) busy hour equivalent of 200,000 combined minutes of use per month (a DS1 equivalent) to the subtending End Office of a particular Other Carrier for any month (the “Threshold Level”). Carrier ▇▇▇▇▇ shall use good faith efforts to establish direct interconnection with such Other Carrier and reduce such traffic volumes below the Threshold Level. If Frontier believes that ▇▇▇▇▇▇▇ has not exercised good faith efforts promptly to obtain such direct interconnection, either Party may use the Dispute Resolution processes of this Agreement. 12.6 13.6 If Carrier ▇▇▇▇▇ fails to comply with Section 12 13 of this Attachment, such failure shall be a material breach of a material provision of this Agreement and Frontier may exercise any and all remedies under this Agreement and Applicable Law for such breach. 12.7 13.7 If or when a third third-party carrier plans to subtend a Carrier a/an ▇▇▇▇▇ switch, then Carrier ▇▇▇▇▇ shall provide written notice to Frontier at least ninety (90) days before such subtending service arrangement becomes effective so that Frontier may negotiate and establish direct interconnection with such third third-party carrier. Upon written request from Frontier, Carrier ▇▇▇▇▇ shall offer to Frontier a service arrangement equivalent to or the same as Transit Service provided by Frontier to Carrier ▇▇▇▇▇ as defined in this Section such that Frontier may terminate calls to a Central Office or its equivalent of a CLEC, ILEC other than Frontier, CMRS carrier, or other LEC, that subtends a Carrier Central Office or its equivalent (“Reciprocal Tandem Transit Service”). Carrier a/an ▇▇▇▇▇ ▇▇▇▇▇ shall offer such Reciprocal Transit Service arrangements under terms and conditions of an amendment to this Agreement or a separate agreement no less favorable than those provided in this Section. 12.8 13.8 Neither Party shall take any actions to prevent the other Party from entering into a direct and reciprocal traffic exchange arrangement with any carrier to which it originates, or from which it terminates, traffic.

Appears in 2 contracts

Sources: Agreement for Local Interconnection, Agreement for Local Interconnection

Transit Service. 12.1 13.1 As used in this Section, Transit Service is Telephone Exchange Service traffic that originates on CarrierYorkstream's network, and is transported through Frontier’s Tandem to the subtending End Office or its equivalent of another carrier (CLEC, ILEC other than Frontier, Commercial Mobile Radio Service (CMRS) carrier, or other LEC (“Other Carrier”), when neither the originating nor terminating customer is a Customer of Frontier. For the avoidance of any doubt, under Under no circumstances shall Frontier be required to transit traffic through a Frontier Tandem to an End Office that does not have local Interconnection facilities and direct trunks to that particular Frontier Tandem. Switched Exchange Access Service traffic is not Transit Service. 12.1.1 13.1.1 If Carrier Yorkstream provides service using an NPA-NXX assigned to a rate center where Frontier provides extended area service or an applicable regulatory authority approved optional calling plan, and Carrier Yorkstream chooses to indirectly interconnect by using the tandem switching facilities of a third party, Frontier will have no obligation to route and rate traffic to CarrierYorkstream’s NPA-NXX as an EAS call or pursuant to an optional calling plan unless Carrier Yorkstream has established a trunking and transiting arrangement for this traffic with Frontier and the other telecommunications carrier(s) utilizing the trunk and providing transiting service for the traffic. 12.2 13.2 Transit Service provides Carrier Yorkstream with the transport of Transit Service as provided below. 12.3 13.3 Transit Service may be routed over the Interconnection Trunks described in Sections 2 through 6 of this Attachment. Carrier Yorkstream shall deliver each Transit Service call to Frontier’s Tandem with CCS and the appropriate Transactional Capabilities Application Part (“TCAP”) message to facilitate full interoperability of CLASS Features and billing functions. 12.3.1 Carrier 13.3.1 Yorkstream may use Transit Service only for traffic that originates on CarrierYorkstream’s network and only to send traffic to an Other Carrier with whom Carrier Yorkstream has a reciprocal traffic exchange arrangement (either via written agreement or mutual tariffs) that provides for the Other Carrier, to terminate or complete traffic originated by Carrier Yorkstream and to ▇▇▇▇ ▇▇▇▇▇▇▇bill Yorkstream, and not to bill Frontier, for such traffic. ▇▇▇▇▇▇▇ Yorkstream agrees not to use Frontier’s Transit Service to send traffic to an Other Carrier with whom ▇▇▇▇▇▇▇ Yorkstream does not have such a reciprocal traffic exchange arrangement or to send traffic that does not originate on CarrierYorkstream’s network. 12.4 Carrier 13.4 Yorkstream shall pay Frontier for Transit Service at the rates specified in the Pricing Attachment. Frontier will not be liable for compensation to any Other Carrier for any traffic that is transported through Frontier’s Tandem and Frontier reserves the right to assess to Carrier Yorkstream any additional charges or costs any Other Carrier imposes or levies on Frontier for the delivery or termination of such traffic, including any Switched Exchange Access Service charges. If Frontier is billed by any Other Carrier for any traffic originated by CarrierYorkstream, Frontier may provide notice to Carrier Yorkstream of such billing. Upon receipt of such notice, Carrier Yorkstream shall immediately stop using Frontier’s Transit Service to send any traffic to such Other Carrier until it has provided to Frontier certification that the Other Carrier has removed such billed charges from its bill to Frontier and that the Other Carrier will not bill Frontier for any traffic originated by CarrierYorkstream. Such certification must be signed by an authorized officer or agent of the Other Carrier and must be in a form acceptable to Frontier. 12.5 13.5 If Carrier Yorkstream uses Transit Service for traffic volumes that exceed the Centum Call Seconds (Hundred Call Seconds) busy hour equivalent of 200,000 combined minutes of use per month (a DS1 equivalent) to the subtending End Office of a particular Other Carrier for any month (the “Threshold Level”). Carrier shall use good faith efforts to establish direct interconnection with such Other Carrier and reduce such traffic volumes below the Threshold Level. combined 13.6 If Frontier believes that ▇▇▇▇▇▇▇ has not exercised good faith efforts promptly to obtain such direct interconnection, either Party may use the Dispute Resolution processes of this Agreement. 12.6 If Carrier Yorkstream fails to comply with Section 12 13 of this Attachment, such failure shall be a material breach of a material provision of this Agreement and Frontier may exercise any and all remedies under this Agreement and Applicable Law for such breach. 12.7 13.7 If or when a third third-party carrier plans to subtend a Carrier a/an Yorkstream switch, then Carrier Yorkstream shall provide written notice to Frontier at least ninety (90) days before such subtending service arrangement becomes effective so that Frontier may negotiate and establish direct interconnection with such third third-party carrier. Upon written request from Frontier, Carrier Yorkstream shall offer to Frontier a service arrangement equivalent to or the same as Transit Service provided by Frontier to Carrier Yorkstream as defined in this Section such that Frontier may terminate calls to a Central Office or its equivalent of a CLEC, ILEC other than Frontier, CMRS carrier, or other LEC, that subtends a Carrier a/an Yorkstream Central Office or its equivalent (“Reciprocal Tandem Transit Service”). Carrier Yorkstream shall offer such Reciprocal Transit Service arrangements under terms and conditions of an amendment to this Agreement or a separate agreement no less favorable than those provided in this Section. 12.8 13.8 Neither Party shall take any actions to prevent the other Party from entering into a direct and reciprocal traffic exchange arrangement with any carrier to which it originates, or from which it terminates, traffic.

Appears in 1 contract

Sources: Service Agreement

Transit Service. 12.1 As used in this Section, Transit Service is Telephone Exchange Service traffic that originates on CarrierCTSI's network, and is transported through Frontier’s Tandem to the subtending End Office or its equivalent of another carrier (CLEC, ILEC other than Frontier, Commercial Mobile Radio Service (CMRS) carrier, or other LEC (“Other Carrier”), when neither the originating nor terminating customer is a Customer of Frontier. For the avoidance of any doubt, under no circumstances shall Frontier be required to transit traffic through a Frontier Tandem to an End Office that does not have local Interconnection facilities and direct trunks to that particular Frontier Tandem. Switched Exchange Access Service traffic is not Transit Service. 12.1.1 If Carrier CTSI provides service using an NPA-NXX assigned to a rate center where Frontier provides extended area service or an applicable regulatory authority approved optional calling plan, and Carrier CTSI chooses to indirectly interconnect by using the tandem switching facilities of a third party, Frontier will have no obligation to route and rate traffic to CarrierCTSI’s NPA-NXX as an EAS call or pursuant to an optional calling plan unless Carrier CTSI has established a trunking and transiting arrangement for this traffic with Frontier and the other telecommunications carrier(s) utilizing the trunk and providing transiting service for the traffic. 12.2 Transit Service provides Carrier CTSI with the transport of Transit Service as provided below. 12.3 Transit Service may be routed over the Interconnection Trunks described in Sections 2 through 6 of this Attachment. Carrier CTSI shall deliver each Transit Service call to Frontier’s Tandem with CCS and the appropriate Transactional Capabilities Application Part (“TCAP”) message to facilitate full interoperability of CLASS Features and billing functions. 12.3.1 Carrier CTSI may use Transit Service only for traffic that originates on CarrierCTSI’s network and only to send traffic to an Other Carrier with whom Carrier CTSI has a reciprocal traffic exchange arrangement (either via written agreement or mutual tariffs) that provides for the Other Carrier, to terminate or complete traffic originated by Carrier CTSI and to ▇▇▇▇ ▇▇▇▇▇▇▇bill CTSI, and not to bill Frontier, for such traffic. ▇▇▇▇▇▇▇ CTSI agrees not to use Frontier’s Transit Service to send traffic to an Other Carrier with whom ▇▇▇▇▇▇▇ CTSI does not have such a reciprocal traffic exchange arrangement or to send traffic that does not originate on CarrierCTSI’s network. 12.4 Carrier CTSI shall pay Frontier for Transit Service at the rates specified in the Pricing Attachment. Frontier will not be liable for compensation to any Other Carrier for any traffic that is transported through Frontier’s Tandem and Frontier reserves the right to assess to Carrier CTSI any additional charges or costs any Other Carrier imposes or levies on Frontier for the delivery or termination of such traffic, including any Switched Exchange Access Service charges. If Frontier is billed by any Other Carrier for any traffic originated by CarrierCTSI, Frontier may provide notice to Carrier CTSI of such billing. Upon receipt of such notice, Carrier CTSI shall immediately stop using Frontier’s Transit Service to send any traffic to such Other Carrier until it has provided to Frontier certification that the Other Carrier has removed such billed charges from its bill to Frontier and that the Other Carrier will not bill Frontier for any traffic originated by CarrierCTSI. Such certification must be signed by an authorized officer or agent of the Other Carrier and must be in a form acceptable to Frontier. 12.5 If Carrier CTSI uses Transit Service for traffic volumes that exceed the Centum Call Seconds (Hundred Call Seconds) busy hour equivalent of 200,000 combined minutes of use per month (a DS1 equivalent) to the subtending End Office of a particular Other Carrier for any month (the “Threshold Level”). Carrier CTSI shall use good faith efforts to establish direct interconnection with such Other Carrier and reduce such traffic volumes below the Threshold Level. If Frontier believes that ▇▇▇▇▇▇▇ CTSI has not exercised good faith efforts promptly to obtain such direct interconnection, either Party may use the Dispute Resolution processes of this Agreement. 12.6 If Carrier CTSI fails to comply with Section 12 of this Attachment, such failure shall be a material breach of a material provision of this Agreement and Frontier may exercise any and all remedies under this Agreement and Applicable Law for such breach. 12.7 If or when a third third-party carrier plans to subtend a Carrier a/an CTSI switch, then Carrier CTSI shall provide written notice to Frontier at least ninety (90) days before such subtending service arrangement becomes effective so that Frontier may negotiate and establish direct interconnection with such third third-party carrier. Upon written request from Frontier, Carrier CTSI shall offer to Frontier a service arrangement equivalent to or the same as Transit Service provided by Frontier to Carrier CTSI as defined in this Section such that Frontier may terminate calls to a Central Office or its equivalent of a CLEC, ILEC other than Frontier, CMRS carrier, or other LEC, that subtends a Carrier a/an CTSI Central Office or its equivalent (“Reciprocal Tandem Transit Service”). Carrier CTSI shall offer such Reciprocal Transit Service arrangements under terms and conditions of an amendment to this Agreement or a separate agreement no less favorable than those provided in this Section.Service 12.8 Neither Party shall take any actions to prevent the other Party from entering into a direct and reciprocal traffic exchange arrangement with any carrier to which it originates, or from which it terminates, traffic.

Appears in 1 contract

Sources: Service Agreement

Transit Service. 12.1 13.1 As used in this Section, Transit Service is Telephone Exchange Service traffic that originates on Carrier's network, and is transported through Frontier’s Spectrotel Tandem to the subtending End Office or its equivalent of another carrier (CLEC, ILEC other than Frontier, Commercial Mobile Radio Service (CMRS) carrier, or other LEC (“Other Carrier”), when neither the originating nor terminating customer is a Customer of Frontier. For the avoidance of any doubt, under no circumstances shall Frontier be required to transit traffic through a Frontier Tandem to an End Office that does not have local Interconnection facilities and direct trunks to that particular Frontier Tandem. Switched Exchange Access Service traffic is not Transit Service. 12.1.1 13.1.1 If Carrier Spectrotel provides service using an NPA-NXX assigned to a rate center where Frontier provides extended area service or an applicable regulatory authority approved optional calling plan, and Carrier Spectrotel chooses to indirectly interconnect by using the tandem switching facilities of a third party, Frontier will have no obligation to route and rate traffic to Carrier’s NPA-NXX Spectrotel -NXX as an EAS call or pursuant to an optional calling plan unless Carrier Spectrotel has established a trunking and transiting arrangement for this traffic with Frontier and the other telecommunications carrier(s) utilizing the trunk and providing transiting service for the traffic. 12.2 13.2 Transit Service provides Carrier Spectrotel with the transport of Transit Service as provided below. 12.3 13.3 Transit Service may be routed over the Interconnection Trunks described in Sections 2 through 6 of this Attachment. Carrier Spectrotel shall deliver each Transit Service call to Frontier’s Tandem with CCS and the appropriate Transactional Capabilities Application Part (“TCAP”) message to facilitate itate full interoperability of CLASS Features and billing functions. 12.3.1 Carrier 13.3.1 Spectrotel may use Transit Service only for traffic that originates on Carrier’s Spectrotel network and only to send traffic to an Other Carrier with whom Carrier Spectrotel has a reciprocal traffic exchange arrangement (either via written agreement or mutual tariffs) that provides for the Other Carrier, to terminate or complete traffic originated by Carrier Spectrotel and to ▇▇▇▇ ▇▇▇▇▇▇▇bill Spectrotel, and not to bill Frontier, for such traffic. ▇▇▇▇▇▇▇ Spectrotel agrees not to use Frontier’s Transit Service to send u end traffic to an Other Carrier with whom ▇▇▇▇▇▇▇ Spectrotel does not have such a reciprocal traffic exchange arrangement or to send traffic that does not originate on Carrier’s Spectrotel network. 12.4 Carrier 13.4 Spectrotel shall pay Frontier for Transit Service at the rates specified in the Pricing Attachment. Frontier will not be liable for compensation to any Other Carrier for any traffic that is transported through Frontier’s Tandem and Frontier reserves the right to assess to Carrier Spectrotel any additional charges or costs any Other Carrier imposes or levies on Frontier for the delivery or termination of such traffic, including any Switched Exchange Access Service charges. If Frontier is billed by any Other Carrier for any traffic originated by CarrierSpectrotel, Frontier may provide notice to Carrier Spectrotel of such billing. Upon receipt of such notice, Carrier shall immediately stop using Frontier’s Transit Service to send any Spectrotel traffic to such Other Carrier until it has provided to Frontier certification that the Other Carrier has removed such billed charges from its bill to Frontier and that the Other Carrier will not bill Frontier for any traffic originated by CarrierSpectrotel. Such certification must be signed by an authorized officer or agent of the Other Carrier and must be in a form acceptable to Frontier. 12.5 13.5 If Carrier Spectrotel uses Transit Service for traffic volumes that exceed the Centum Call Seconds (Hundred Call Seconds) busy hour equivalent of 200,000 combined minutes of use per month (a DS1 equivalent) to the subtending End Office of a particular Other Carrier for any month (the “Threshold Level”). Carrier Spectrotel shall use good faith efforts to establish direct interconnection with such Other Carrier and reduce such traffic volumes below the Threshold Level. If Frontier believes that ▇▇▇▇▇▇▇ Spectrotel has not exercised good faith efforts promptly to obtain such direct interconnection, either Party may use the Dispute Resolution processes of this Agreement. 12.6 13.6 If Carrier Spectrotel fails to comply with Section 12 13 of this Attachment, such failure shall be a material breach of a material provision of this Agreement and Frontier may exercise any and all remedies under this Agreement and Applicable Law for such breach. 12.7 13.7 If or when a third third-party carrier plans to subtend a Carrier a/an Spectrotel switch, then Carrier Spectrotel shall provide written notice to Frontier at least ninety (90) days before such subtending service arrangement becomes effective so that Frontier may negotiate and establish direct interconnection with such third third-party carrier. Upon written request from Frontier, Carrier Spectrotel shall offer to Frontier a service arrangement equivalent to or the same as Transit Service provided by Frontier to Carrier Spectrotel as defined in this Section such that Frontier may terminate calls to a Central Office or its equivalent of a CLEC, ILEC other than Frontier, CMRS carrier, or other LEC, that subtends a Carrier a/an Spectrotel Central Office or its equivalent (“Reciprocal Tandem Transit Service”). Carrier Spectrotel shall offer such Reciprocal Transit Service arrangements under terms and conditions of an amendment to this Agreement or a separate agreement no less favorable than those provided in this Section. 12.8 13.8 Neither Party shall take any actions to prevent the other Party from entering into a direct and reciprocal traffic exchange arrangement with any carrier to which it originates, or from which it terminates, traffic.

Appears in 1 contract

Sources: Telecommunications

Transit Service. 12.1 13.1 As used in this Section, Transit Service is Telephone Exchange Service traffic that originates on Carrier's network, and is transported through Frontier’s Tandem WCL to the subtending End Office or its equivalent of another carrier (CLEC, ILEC other than Frontier, Commercial Mobile Radio Service (CMRS) carrier, or other LEC (“Other Carrier”), when neither the originating nor terminating customer is a L Customer of Frontier. For the avoidance of any doubt, under no circumstances shall Frontier be required to transit traffic through a Frontier Tandem to an End Office that does not have local Interconnection facilities and direct trunks to that particular Frontier Tandem. Switched Exchange Access Service traffic is not Transit Service. 12.1.1 13.1.1 If Carrier WCL provides service using an NPA-NXX assigned to a rate center where Frontier provides extended area service or an applicable regulatory authority approved optional calling plan, and Carrier WCL chooses to indirectly interconnect by using the tandem switching facilities of a third party, Frontier will have no obligation to route and rate traffic to Carrier’s NPA-NXX WCL -NXX as an EAS call or pursuant to an optional calling plan unless Carrier WCL has established a trunking and transiting arrangement for this traffic with Frontier and the other telecommunications carrier(s) utilizing the trunk and providing transiting service for the traffic. 12.2 13.2 Transit Service provides Carrier WCL with the transport of Transit Service as provided below. 12.3 13.3 Transit Service may be routed over the Interconnection Trunks described in Sections 2 through 6 of this Attachment. Carrier WCL shall deliver each Transit Service call to Frontier’s Tandem with CCS and the appropriate opriate Transactional Capabilities Application Part (“TCAP”) message to facilitate full interoperability of CLASS Features and billing functions. 12.3.1 Carrier 13.3.1 WCL may use Transit Service only for traffic that originates on Carrier’s WCL network and only to send traffic to an Other Carrier with whom Carrier WCL has a reciprocal traffic exchange arrangement (either via written agreement or mutual tariffs) that provides for the Other Carrier, to terminate or complete traffic originated by Carrier WCL and to ▇▇▇▇ ▇▇▇▇▇▇▇bill WCL, and not to bill Frontier, for such traffic. ▇▇▇▇▇▇▇ agrees not to use Frontier’s WCL Transit Service to send traffic to an Other Carrier with whom ▇▇▇▇▇▇▇ WCL does not have such a reciprocal traffic exchange arrangement or to send traffic that does not originate on Carrier’s WCL network. 12.4 Carrier 13.4 WCL shall pay Frontier for Transit Service at the rates specified in the Pricing Attachment. Frontier will not be liable for compensation to any Other Carrier for any traffic that is transported through Frontier’s Tandem and Frontier reserves the right to assess to Carrier WCL any additional charges or costs any Other Carrier imposes or levies on Frontier for the delivery or termination of such traffic, including any Switched Exchange Access Service charges. If Frontier is billed by any Other Carrier for any traffic originated by CarrierWCL, Frontier may provide notice to Carrier WCL of such billing. Upon receipt of such notice, Carrier WCL shall immediately stop using Frontier’s Transit Service to send any traffic to such Other Carrier until it has provided to Frontier certification that the Other Carrier has removed such billed charges from its bill to Frontier and that the Other Carrier will not bill Frontier for any traffic originated by CarrierWCL. Such certification must be signed by an authorized officer or agent of the Other Carrier and must be in a form acceptable to Frontier. 12.5 13.5 If Carrier WCL uses Transit Service for traffic volumes that exceed the Centum Call Seconds (Hundred Call Seconds) busy hour equivalent of 200,000 combined minutes of use per month (a DS1 equivalent) to the subtending End Office of a particular Other Carrier for any month (the “Threshold Level”). Carrier WCL shall use good faith efforts to establish direct interconnection with such Other Carrier and reduce such traffic volumes below the Threshold Level. If Frontier believes that ▇▇▇▇▇▇▇ WCL has not exercised good faith efforts promptly to obtain such direct interconnection, either Party may use the Dispute Resolution processes of this Agreement. 12.6 13.6 If Carrier WCL fails to comply with Section 12 13 of this Attachment, such failure shall be a material breach of a material provision of this Agreement and Frontier may exercise any and all remedies under this Agreement and Applicable Law for such breach. 12.7 13.7 If or when a third third-party carrier plans to subtend a Carrier a/an WCL switch, then Carrier WCL shall provide written notice to Frontier at least ninety (90) days before such subtending service arrangement becomes effective so that Frontier may negotiate and establish direct interconnection with such third third-party carrier. Upon written request from Frontier, Carrier WCL shall offer to Frontier a service arrangement equivalent to or the same as Transit Service provided by Frontier to Carrier WCL as defined in this Section such that Frontier may terminate calls to a Central Office or its equivalent of a CLEC, ILEC other than Frontier, CMRS carrier, or other LEC, that subtends a Carrier Central Office or its equivalent (“Reciprocal Tandem Transit Service”). Carrier a/an WCL WCL shall offer such Reciprocal Transit Service arrangements under terms and conditions of an amendment to this Agreement or a separate agreement no less favorable than those provided in this Section. 12.8 13.8 Neither Party shall take any actions to prevent the other Party from entering into a direct and reciprocal traffic exchange arrangement with any carrier to which it originates, or from which it terminates, traffic.

Appears in 1 contract

Sources: Telecommunications