Common use of Transit Traffic Service Clause in Contracts

Transit Traffic Service. To the extent it does not have such arrangements in effect as of the Effective Date, PageNet shall exercise reasonable efforts to enter into a reciprocal local traffic exchange arrangement (either via written agreement, including but not limited to, an IntraLATA Telecommunications Services Settlement Agreement ("ITORP Agreement"), or mutual tariffs or otherwise) with any other wireless carrier, ITC, CLEC, or other LEC to which it sends, or from which it receives, Local Traffic that transits BA facilities. BA shall not be obligated to collect PageNet's termination charges from any other wireless carrier, ITC, CLEC, or other LEC with whom PageNet has not entered into a reciprocal local traffic exchange arrangement as provided above. If PageNet fails to enter into such an arrangement following the Effective Date and to provide written notification of such Agreement, including the relevant rates therein, to BA, but continues to utilize BA’s Transit Traffic Service for the exchange of local traffic with such wireless carrier, ITC, CLEC, or other LEC, PageNet shall, in addition to paying the rate set forth in Exhibit A for said Transit Traffic Service, pay BA any charges or costs such terminating third party carrier imposes or levies on BA for the delivery or termination of such Traffic, including any switched access charges, plus all reasonable expenses incurred by BA in delivering or terminating such Traffic and/or resulting from PageNet’s failure to secure said reciprocal local traffic exchange arrangement. BA will, upon request, provide PageNet with all reasonable cooperation and assistance in obtaining such arrangements. Notwithstanding the foregoing, PageNet will not be responsible for and shall not pay for Transit Traffic Service, or any other charges or expenses referred to in this paragraph, for any calls not originated on PageNet’s network. The Parties agree to work cooperatively in appropriate industry fora to promote the adoption of reasonable industry guidelines relating to Transit Traffic.

Transit Traffic Service. To the extent it does not have such arrangements in effect as of the Effective Date, PageNet PriCellular shall exercise all reasonable efforts to enter into a reciprocal local traffic exchange arrangement (either via written agreement, including but not limited to, an IntraLATA Telecommunications Services Settlement Agreement ("“ITORP Agreement"), or mutual tariffs or otherwiseTariffs) with any other wireless carrier, ITC, CLEC, or other LEC to which it sends, or from which it receives, Local Traffic that transits BA facilitiesfacilities over Type 1 Line Side Facilities or Type 2A Trunks. To the extent PriCellular does not have such arrangements in effect as of the Effective Date, BA shall not be obligated to collect PageNetPriCellular's termination charges from any other wireless carrier, ITC, CLEC, or other LEC with whom PageNet PriCellular has not entered into a reciprocal local traffic exchange arrangement as provided above. If PageNet PriCellular fails to enter into such an arrangement following the Effective Date and to provide written notification of such Agreement, including the relevant rates therein, copies thereof to BA, but continues to utilize BA’s Transit Traffic Service for the exchange of local traffic with such wireless carrier, ITC, CLEC, or other LEC, PageNet PriCellular shall, in addition to paying the rate set forth in Exhibit A for said Transit Traffic Service, pay BA any charges or costs such terminating third party carrier imposes or levies on BA for the delivery or termination of such Traffic, including any switched access charges, plus all reasonable expenses incurred by BA in delivering or terminating such Traffic and/or resulting from PageNetPriCellular’s failure to secure said reciprocal local traffic exchange arrangement. BA will, upon request, provide PageNet PriCellular with all reasonable cooperation and assistance in obtaining such reciprocal local traffic exchange arrangements. Notwithstanding the foregoing, PageNet PriCellular will not be responsible for and shall not pay for Transit Traffic Service, or any other charges or expenses referred to in this paragraphexpenses, for any calls PriCellular does not originated on PageNet’s networkdeliver to BA. The Parties agree to work cooperatively in appropriate industry fora to promote the adoption of reasonable industry guidelines relating to Transit Traffic.

Transit Traffic Service. To the extent it does not have such arrangements in effect as of the Effective Date, PageNet 6.1.1 APC shall exercise all reasonable efforts to enter into a reciprocal local traffic exchange arrangement (either via written agreement, including but not limited to, an IntraLATA Telecommunications Services Settlement Agreement ("ITORP Agreement"), or mutual tariffs or otherwiseTariffs) with any other wireless carrier, ITC, CLEC, or other LEC to which it sends, or from which it receives, Local Traffic that transits BA facilitiesfacilities over Type 1 Line Side Facilities or Type 2A Trunks. To the extent it does not have such arrangements in effect as of the Effective Date, BA shall not be obligated to collect PageNetAPC's termination charges from any other wireless carrier, ITC, CLEC, or other LEC with whom PageNet APC has not entered into a reciprocal local traffic exchange arrangement as provided above. If PageNet APC fails to enter into such an arrangement following the Effective Date and to provide written notification of such Agreement, including the relevant rates therein, copies thereof to BA, but continues to utilize BA’s 's Transit Traffic Service for the exchange of local traffic with such wireless carrier, ITC, CLEC, or other LEC, PageNet APC shall, in addition to paying the rate set forth in Exhibit A for said Transit Traffic Service, pay BA any charges or costs such terminating third party carrier imposes or levies on BA for the delivery or termination of such Traffic, including any switched access charges, plus all reasonable expenses incurred by BA in delivering or terminating such Traffic and/or resulting from PageNet’s APC's failure to secure said reciprocal local traffic exchange arrangement. BA will, upon request, provide PageNet APC with all reasonable cooperation and assistance in obtaining such arrangements. Notwithstanding the foregoing, PageNet will not be responsible for and shall not pay for Transit Traffic Service, or any other charges or expenses referred to in this paragraph, for any calls not originated on PageNet’s network. The Parties agree to work cooperatively in appropriate industry fora to promote the adoption of reasonable industry guidelines relating to Transit Traffic. 6.1.2 Meet Point Billing compensation arrangements as described in subsection 5.3 shall be utilized for compensation for the joint handling of Telephone Exchange Toll Traffic. 6.1.3 BA expects that most networks involved in Transit Traffic will deliver each call to each involved network with CCS and the appropriate Transaction Capabilities Application Part ("TCAP") message to facilitate full interoperability of those services supported by BA and billing functions. In all cases, each Party shall follow the Exchange Message Record ("EMR") standard and exchange records between the Parties and with the terminating carrier to facilitate the billing process to the originating network. 6.1.4 Transit Traffic shall be routed over the Type 1 Line Side Facilities or Type 2A Trunks described in Section 4 above.