Common use of Application of NRCs Clause in Contracts

Application of NRCs. Pre-ordering: CLEC Account Establishment is a one-time charge applied the first time that SPRINT orders any service from this Agreement. Ordering and Provisioning: Initial Service Order (ISO) applies per Local Service Request (LSR) if not apart of a Unbundled Network Element (UNE) ISO. Subsequent Service Order applies per LSR for modifications to an existing LNP service. Manual Ordering Charge applies to orders that require VERIZON to manually enter SPRINT's order into VERIZON's Secure Integrated Gateway System (SIGS), e.g. faxed orders and orders sent via physical or electronic mail. Custom Handling (These NRCs are in addition to any Preordering or Ordering and Provisioning NRCs): Service Order Expedite applies if SPRINT requests service prior to the standard due date intervals and if not a part of a UNE Expedite. Coordinated Conversion applies if SPRINT requests notification and coordination of service cutover prior to the service becoming effective and if not a part of a UNE Coordinated Conversion. Hot Coordinated Conversion First Hour applies if SPRINT requests real-time coordination of a service cut-over that takes one hour or less, and if not a part of a UNE Hot Coordinated Conversion First Hour. Hot Coordinated Conversion Per Additional Quarter Hour applies, in addition to the Hot Coordinated Conversion First Hour, for every 15-minute segment of real-time coordination of a service cut-over that takes more than one hour, and if not a part of a UNE Hot Coordinated Conversion Per Additional Quarter Hour. In addition, as defined in the Interconnection Attachment, the Party providing the ported number will pay the other Party the following rate per line per month for each ported business line and the rate per line per month for each ported residential line for the sharing of Access Charges on calls to ported numbers. California Contel Business Rate Per Line Per Month: $ 3.05 Residential Rate Per Line Per Month: $ 2.40 California VERIZON Business Rate Per Line Per Month: $ 2.08 Residential Rate Per Line Per Month: $ 2.62 California West Coast Business Rate Per Line Per Month: $ 5.58 Residential Rate Per Line Per Month: $ 4.88 Xxxxxx X. Xxxxxxxx Director - Negotiations Wholesale Markets Wholesale Network Services August 21, 2000 Mr. W. Xxxxxxx Xxxxxx Vice President External Affairs Local Markets Sprint Communications Company L.P. 0000 Xxxxxxx Xxxxxxxxx Xxxxxxxx Xxxx, XX 00000 Dear Xx. Xxxxxx: You have informed me that Sprint Communications Company L.P. (“Sprint”) intends to file a petition with the California Public Utilities Commission (the “Commission”) on or about August 25, 2000 to compel arbitration of an interconnection agreement with Verizon California Inc. f/k/a GTE California Incorporated (“Verizon CA”). This letter confirms the intentions of Sprint and Verizon CA (the “Parties”) regarding the treatment to be accorded Internet traffic under the reciprocal compensation provisions of the agreement that results from that arbitration (the “Agreement”). In recognition of the fact that the Commission intends to address the issue of reciprocal compensation for Internet traffic in Rulemaking No. 00-00-000 (the “Rulemaking”), the Parties agree that while the issue will be raised in Sprint's Petition regarding the proper treatment for Internet traffic in the Arbitration, Sprint will state in the Petition that the Parties have agreed to abide by the outcome of the Rulemaking in Docket No. 00-00-000 and will state that the Parties have agreed that neither party will present testimony in the arbitration on the issue. Instead, the Parties agree to negotiate in good faith to conform the reciprocal compensation and related provisions of the Agreement (as it pertains to the state of California) to reflect the final Order of the Commission in the Rulemaking, and, if necessary, to true-up prior reciprocal compensation xxxxxxxx and payments to reflect the terms of the Order retroactively to the effective date of the Agreement. Such true-up will occur within sixty (60) days of the date on which the Commission Order becomes effective and is not stayed. It is expressly understood and agreed that except as may be required by the Order in the Rulemaking and by the terms of this letter agreement, neither Party shall have any obligation to pay reciprocal compensation on Internet traffic delivered to the other Party, and any provisions included in the Agreement prior to the issuance of the Order shall so provide. The Parties further agree that once the Agreement has been renegotiated to reflect the terms of the Order, they shall also include the following provision in the Agreement: If the Commission, the FCC or a court of competent jurisdiction should issue or release an order, or if a federal or state legislative authority should enact a statute, that by its terms (i) expressly supercedes or modifies existing interconnection agreements and (ii) specifies a rate or rate structure for reciprocal compensation, intercarrier compensation, or access charges that is to apply to Internet traffic, then the Parties shall promptly amend this Agreement to reflect the terms of such order or statute. If an order or statute specifies such a rate or rate structure, but does not expressly supercede or modify existing interconnection agreements, then either Party may demand negotiations with the other Party to amend this Agreement to reflect the terms of such order or statute. If such negotiations do not result in the Parties' amendment of this agreement within thirty (30) days, either Party may bring this issue before the Commission for arbitration. Any such amendment shall be retroactive to the effective date set forth in the order or statute, or such date as ordered by the Commission. Except for the provisions hereof pertaining to the Arbitration, by entering into this letter agreement the Parties do not waive, and hereby expressly reserve, their respective rights to argue their positions regarding the payment of reciprocal compensation for Internet traffic before any regulatory, legislative or judicial body. AGREED: SPRINT COMMUNICATIONS COMPANY L.P. BY: DATE:

Appears in 2 contracts

Samples: Interconnection Agreement, Interconnection Agreement

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Application of NRCs. Pre-ordering: CLEC Account Establishment is a one-time charge applied the first time that SPRINT Gulf Coast orders any service from this Agreement. Ordering and Provisioning: Initial Service Order (ISO) applies per Local Service Request (LSR) if not apart of a Unbundled Network Element (UNE) ISO. Subsequent Service Order applies per LSR for modifications to an existing LNP service. Manual Ordering Charge applies to orders that require VERIZON GTE to manually enter SPRINTGulf Coast's order into VERIZONGTE's Secure Integrated Gateway System (SIGS), e.g. faxed orders and orders sent via physical or electronic mail. Custom Handling (These NRCs are in addition to any Preordering or Ordering and Provisioning NRCs): Service Order Expedite applies if SPRINT Gulf Coast requests service prior to the standard due date intervals and if not a part of a UNE Expedite. Coordinated Conversion applies if SPRINT Gulf Coast requests notification and coordination of service cutover cut-over prior to the service becoming effective and if not a part of a UNE Coordinated Conversion. Hot Coordinated Conversion First Hour applies if SPRINT Gulf Coast requests real-time coordination of a service cut-over that takes one hour or less, and if not a part of a UNE Hot Coordinated Conversion First Hour. Hot Coordinated Conversion Per Additional Quarter Hour applies, in addition to the Hot Coordinated Conversion First Hour, for every 15-minute segment of real-time coordination of a service cut-over that takes more than one hour, and if not a part of a UNE Hot Coordinated Conversion Per Additional Quarter Hour. In addition, as defined in the Interconnection Attachment, the Party providing the ported number will pay the other Party the following rate per line per month for each ported business line and the rate per line per month for each ported residential line for the sharing of Access Charges on calls to ported numbers. California Contel Business Rate Per Line Per Month: $ 3.05 5.18 Residential Rate Per Line Per Month: $ 2.40 California VERIZON Business Rate Per Line Per Month: $ 2.08 Residential Rate Per Line Per Month: $ 2.62 California West Coast Business Rate Per Line Per Month: $ 5.58 Residential Rate Per Line Per Month: $ 4.88 Xxxxxx X. Xxxxxxxx Director - Negotiations Wholesale Markets Wholesale Network Services August 21, 2000 Mr. W. Xxxxxxx Xxxxxx Vice President External Affairs Local Markets Sprint Communications Company L.P. 0000 Xxxxxxx Xxxxxxxxx Xxxxxxxx Xxxx, XX 00000 Dear Xx. Xxxxxx: You have informed me that Sprint Communications Company L.P. (“Sprint”) intends to file a petition with the California Public Utilities Commission (the “Commission”) on or about August 25, 2000 to compel arbitration of an interconnection agreement with Verizon California Inc. f/k/a GTE California Incorporated (“Verizon CA”). This letter confirms the intentions of Sprint and Verizon CA (the “Parties”) regarding the treatment to be accorded Internet traffic under the reciprocal compensation provisions of the agreement that results from that arbitration (the “Agreement”). In recognition of the fact that the Commission intends to address the issue of reciprocal compensation for Internet traffic in Rulemaking No. 00-00-000 (the “Rulemaking”), the Parties agree that while the issue will be raised in Sprint's Petition regarding the proper treatment for Internet traffic in the Arbitration, Sprint will state in the Petition that the Parties have agreed to abide by the outcome of the Rulemaking in Docket No. 00-00-000 and will state that the Parties have agreed that neither party will present testimony in the arbitration on the issue. Instead, the Parties agree to negotiate in good faith to conform the reciprocal compensation and related provisions of the Agreement (as it pertains to the state of California) to reflect the final Order of the Commission in the Rulemaking, and, if necessary, to true-up prior reciprocal compensation xxxxxxxx and payments to reflect the terms of the Order retroactively to the effective date of the Agreement. Such true-up will occur within sixty (60) days of the date on which the Commission Order becomes effective and is not stayed. It is expressly understood and agreed that except as may be required by the Order in the Rulemaking and by the terms of this letter agreement, neither Party shall have any obligation to pay reciprocal compensation on Internet traffic delivered to the other Party, and any provisions included in the Agreement prior to the issuance of the Order shall so provide. The Parties further agree that once the Agreement has been renegotiated to reflect the terms of the Order, they shall also include the following provision in the Agreement: If the Commission, the FCC or a court of competent jurisdiction should issue or release an order, or if a federal or state legislative authority should enact a statute, that by its terms (i) expressly supercedes or modifies existing interconnection agreements and (ii) specifies a rate or rate structure for reciprocal compensation, intercarrier compensation, or access charges that is to apply to Internet traffic, then the Parties shall promptly amend this Agreement to reflect the terms of such order or statute. If an order or statute specifies such a rate or rate structure, but does not expressly supercede or modify existing interconnection agreements, then either Party may demand negotiations with the other Party to amend this Agreement to reflect the terms of such order or statute. If such negotiations do not result in the Parties' amendment of this agreement within thirty (30) days, either Party may bring this issue before the Commission for arbitration. Any such amendment shall be retroactive to the effective date set forth in the order or statute, or such date as ordered by the Commission. Except for the provisions hereof pertaining to the Arbitration, by entering into this letter agreement the Parties do not waive, and hereby expressly reserve, their respective rights to argue their positions regarding the payment of reciprocal compensation for Internet traffic before any regulatory, legislative or judicial body. AGREED: SPRINT COMMUNICATIONS COMPANY L.P. BY: DATE:3.71

Appears in 2 contracts

Samples: Interconnection Agreement, Interconnection Agreement

Application of NRCs. Pre-ordering: CLEC Account Establishment is a one-time charge applied the first time that SPRINT orders any service from this Agreement. Ordering and Provisioning: Initial Service Order (ISO) applies per Local Service Request (LSR) if not apart of a Unbundled Network Element (UNE) ISO. Subsequent Service Order applies per LSR for modifications to an existing LNP service. Manual Ordering Charge applies to orders that require VERIZON to manually enter SPRINT's order into VERIZON's Secure Integrated Gateway System (SIGS), e.g. faxed orders and orders sent via physical or electronic mail. Custom Handling (These NRCs are in addition to any Preordering or Ordering and Provisioning NRCs): Service Order Expedite applies if SPRINT requests service prior to the standard due date intervals and if not a part of a UNE Expedite. Coordinated Conversion applies if SPRINT requests notification and coordination of service cutover prior to the service becoming effective and if not a part of a UNE Coordinated Conversion. Hot Coordinated Conversion First Hour applies if SPRINT requests real-time coordination of a service cut-over that takes one hour or less, and if not a part of a UNE Hot Coordinated Conversion First Hour. Hot Coordinated Conversion Per Additional Quarter Hour applies, in addition to the Hot Coordinated Conversion First Hour, for every 15-minute segment of real-time coordination of a service cut-over that takes more than one hour, and if not a part of a UNE Hot Coordinated Conversion Per Additional Quarter Hour. In addition, as defined in the Interconnection Attachment, the Party providing the ported number will pay the other Party the following rate per line per month for each ported business line and the rate per line per month for each ported residential line for the sharing of Access Charges on calls to ported numbers. California Contel Business Rate Per Line Per Month: $ 3.05 Residential Rate Per Line Per Month: $ 2.40 California VERIZON Business Rate Per Line Per Month: $ 2.08 Residential Rate Per Line Per Month: $ 2.62 California West Coast Business Rate Per Line Per Month: $ 5.58 Residential Rate Per Line Per Month: $ 4.88 Xxxxxx X. Xxxxxxxx Director - Negotiations Wholesale Markets Wholesale Network Services August 21, 2000 Mr. W. Xxxxxxx Xxxxxx Vice President External Affairs Local Markets Sprint Communications Company L.P. 0000 Xxxxxxx Xxxxxxxxx Xxxxxxxx Xxxx, XX 00000 Dear Xx. Xxxxxx: You have informed me that Sprint Communications Company L.P. (“Sprint”) intends to file a petition with the California Public Utilities Commission (the “Commission”) on or about August 25, 2000 to compel arbitration of an interconnection agreement with Verizon California Inc. f/k/a GTE California Incorporated (“Verizon CA”). This letter confirms the intentions of Sprint and Verizon CA (the “Parties”) regarding the treatment to be accorded Internet traffic under the reciprocal compensation provisions of the agreement that results from that arbitration (the “Agreement”). In recognition of the fact that the Commission intends to address the issue of reciprocal compensation for Internet traffic in Rulemaking No. 00-00-000 (the “Rulemaking”), the Parties agree that while the issue will be raised in Sprint's Petition regarding the proper treatment for Internet traffic in the Arbitration, Sprint will state in the Petition that the Parties have agreed to abide by the outcome of the Rulemaking in Docket No. 00-00-000 and will state that the Parties have agreed that neither party will present testimony in the arbitration on the issue. Instead, the Parties agree to negotiate in good faith to conform the reciprocal compensation and related provisions of the Agreement (as it pertains to the state of California) to reflect the final Order of the Commission in the Rulemaking, and, if necessary, to true-up prior reciprocal compensation xxxxxxxx and payments to reflect the terms of the Order retroactively to the effective date of the Agreement. Such true-up will occur within sixty (60) days of the date on which the Commission Order becomes effective and is not stayed. It is expressly understood and agreed that except as may be required by the Order in the Rulemaking and by the terms of this letter agreement, neither Party shall have any obligation to pay reciprocal compensation on Internet traffic delivered to the other Party, and any provisions included in the Agreement prior to the issuance of the Order shall so provide. The Parties further agree that once the Agreement has been renegotiated to reflect the terms of the Order, they shall also include the following provision in the Agreement: If the Commission, the FCC or a court of competent jurisdiction should issue or release an order, or if a federal or state legislative authority should enact a statute, that by its terms (i) expressly supercedes or modifies existing interconnection agreements and (ii) specifies a rate or rate structure for reciprocal compensation, intercarrier compensation, or access charges that is to apply to Internet traffic, then the Parties shall promptly amend this Agreement to reflect the terms of such order or statute. If an order or statute specifies such a rate or rate structure, but does not expressly supercede or modify existing interconnection agreements, then either Party may demand negotiations with the other Party to amend this Agreement to reflect the terms of such order or statute. If such negotiations do not result in the Parties' amendment of this agreement within thirty (30) days, either Party may bring this issue before the Commission for arbitration. Any such amendment shall be retroactive to the effective date set forth in the order or statute, or such date as ordered by the Commission. Except for the provisions hereof pertaining to the Arbitration, by entering into this letter agreement the Parties do not waive, and hereby expressly reserve, their respective rights to argue their positions regarding the payment of reciprocal compensation for Internet traffic before any regulatory, legislative or judicial body. AGREED: SPRINT COMMUNICATIONS COMPANY L.P. BY: :_______________________ DATE:____________________

Appears in 2 contracts

Samples: Interconnection Agreement, 251/252 Agreement

Application of NRCs. Pre-ordering: CLEC Account Establishment is a one-time charge applied the first time that SPRINT Pathnet orders any service from this Agreement. Ordering and Provisioning: Initial Service Order (ISO) applies per Local Service Request (LSR) if not apart of a Unbundled Network Element (UNE) ISO. Subsequent Service Order applies per LSR for modifications to an existing LNP service. Manual Ordering Charge applies to orders that require VERIZON GTE to manually enter SPRINT's Pathnet’s order into VERIZONGTE's Secure Integrated Gateway System (SIGS), e.g. faxed orders and orders sent via physical or electronic mail. Custom Handling (These NRCs are in addition to any Preordering or Ordering and Provisioning NRCs): Service Order Expedite applies if SPRINT Pathnet requests service prior to the standard due date intervals and if not a part of a UNE Expedite. Coordinated Conversion applies if SPRINT Pathnet requests notification and coordination of service cutover cut-over prior to the service becoming effective and if not a part of a UNE Coordinated Conversion. Hot Coordinated Conversion First Hour applies if SPRINT Pathnet requests real-time coordination of a service cut-over that takes one hour or less, and if not a part of a UNE Hot Coordinated Conversion First Hour. Hot Coordinated Conversion Per Additional Quarter Hour applies, in addition to the Hot Coordinated Conversion First Hour, for every 15-minute segment of real-time coordination of a service cut-over that takes more than one hour, and if not a part of a UNE Hot Coordinated Conversion Per Additional Quarter Hour. In addition, as defined in the Interconnection Attachment, the Party providing the ported number will pay the other Party the following rate per line per month for each ported business line and the rate per line per month for each ported residential line for the sharing of Access Charges on calls to ported numbers. California Contel Business Rate Per Line Per Month: $ 3.05 5.18 Residential Rate Per Line Per Month: $ 2.40 California VERIZON Business Rate Per Line Per Month: $ 2.08 Residential Rate Per Line Per Month: $ 2.62 California West Coast Business Rate Per Line Per Month: $ 5.58 Residential Rate Per Line Per Month: $ 4.88 Xxxxxx X. Xxxxxxxx Director - Negotiations Wholesale Markets Wholesale Network Services August 213.71 General. The rates for resold services are based upon an avoided cost discount from GTE's retail rates. The avoided cost discount is based upon GTE’s most current available cost studies and are subject to change resulting from future Commission or other proceedings, 2000 Mr. W. Xxxxxxx Xxxxxx Vice President External Affairs Local Markets Sprint Communications Company L.P. 0000 Xxxxxxx Xxxxxxxxx Xxxxxxxx Xxxxincluding but not limited to any generic proceeding to determine GTE's unrecovered costs (e.g., XX 00000 Dear Xx. Xxxxxx: You have informed me that Sprint Communications Company L.P. historic costs, contribution, undepreciated reserve deficiency, or similar unrecovered GTE costs (“Sprint”) intends to file a petition with the California Public Utilities Commission (the “Commission”) on or about August 25, 2000 to compel arbitration of an interconnection agreement with Verizon California Inc. f/k/a GTE California Incorporated (“Verizon CA”including GTE's interim Universal Service Support Surcharge). This letter confirms the intentions of Sprint and Verizon CA (the “Parties”) regarding the treatment to be accorded Internet traffic under the reciprocal compensation provisions of the agreement that results from that arbitration (the “Agreement”). In recognition of the fact that the Commission intends to address the issue of reciprocal compensation for Internet traffic in Rulemaking No. 00-00-000 (the “Rulemaking”), the Parties agree that while the issue will be raised in Sprint's Petition regarding the proper treatment for Internet traffic in the Arbitration, Sprint will state in the Petition that the Parties have agreed to abide by the outcome establishment of the Rulemaking in Docket No. 00-00-000 and will state that the Parties have agreed that neither party will present testimony in the arbitration on the issue. Instead, the Parties agree to negotiate in good faith to conform the reciprocal compensation and related provisions of the Agreement (as it pertains to the state of California) to reflect the final Order of the Commission in the Rulemaking, and, if necessary, to true-up prior reciprocal compensation xxxxxxxx and payments to reflect the terms of the Order retroactively to the effective date of the Agreement. Such true-up will occur within sixty (60) days of the date on which the Commission Order becomes effective and is not stayed. It is expressly understood and agreed that except as may be required by the Order in the Rulemaking and by the terms of this letter agreement, neither Party shall have any obligation to pay reciprocal compensation on Internet traffic delivered to the other Party, and any provisions included in the Agreement prior to the issuance of the Order shall so provide. The Parties further agree that once the Agreement has been renegotiated to reflect the terms of the Order, they shall also include the following provision in the Agreement: If the Commission, the FCC or a court of competent jurisdiction should issue or release an ordercompetitively neutral universal service system, or if a federal any appeal or state legislative authority should enact a statute, that by its terms (i) expressly supercedes or modifies existing interconnection agreements and (ii) specifies a rate or rate structure for reciprocal compensation, intercarrier compensation, or access charges that is to apply to Internet traffic, then the Parties shall promptly amend this Agreement to reflect the terms of such order or statute. If an order or statute specifies such a rate or rate structure, but does not expressly supercede or modify existing interconnection agreements, then either Party may demand negotiations with the other Party to amend this Agreement to reflect the terms of such order or statute. If such negotiations do not result in the Parties' amendment of this agreement within thirty (30) days, either Party may bring this issue before the Commission for arbitration. Any such amendment shall be retroactive to the effective date set forth in the order or statute, or such date as ordered by the Commission. Except for the provisions hereof pertaining to the Arbitration, by entering into this letter agreement the Parties do not waive, and hereby expressly reserve, their respective rights to argue their positions regarding the payment of reciprocal compensation for Internet traffic before any regulatory, legislative or judicial body. AGREED: SPRINT COMMUNICATIONS COMPANY L.P. BY: DATE:litigation.

Appears in 1 contract

Samples: Interconnection, Resale and Unbundling Agreement

Application of NRCs. Pre-ordering: CLEC Account Establishment is a one-time charge applied the first time that SPRINT NAS orders any service from this Agreement. Ordering and Provisioning: Initial Service Order (ISO) applies per Local Service Request (LSR) if not apart of a Unbundled Network Element (UNE) ISO. Subsequent Service Order applies per LSR for modifications to an existing LNP service. Manual Ordering Charge applies to orders that require VERIZON GTE to manually enter SPRINTNAS's order into VERIZONGTE's Secure Integrated Gateway System (SIGS), e.g. faxed orders and orders sent via physical or electronic mail. Custom Handling (These NRCs are in addition to any Preordering or Ordering and Provisioning NRCs): Service Order Expedite applies if SPRINT NAS requests service prior to the standard due date intervals and if not a part of a UNE Expedite. Coordinated Conversion applies if SPRINT NAS requests notification and coordination of service cutover cut-over prior to the service becoming effective and if not a part of a UNE Coordinated Conversion. Hot Coordinated Conversion First Hour applies if SPRINT NAS requests real-time coordination of a service cut-over that takes one hour or less, and if not a part of a UNE Hot Coordinated Conversion First Hour. Hot Coordinated Conversion Per Additional Quarter Hour applies, in addition to the Hot Coordinated Conversion First Hour, for every 15-minute segment of real-time coordination of a service cut-over that takes more than one hour, and if not a part of a UNE Hot Coordinated Conversion Per Additional Quarter Hour. In addition, as defined in the Interconnection AttachmentArticle V, Section 3.2.3, the Party providing the ported number will pay the other Party the following rate per line per month for each ported business line and the rate per line per month for each ported residential line for the sharing of Access Charges on calls to ported numbers. California Contel Business Rate Per Line Per Month: $ 3.05 5.18 Residential Rate Per Line Per Month: $ 2.40 California VERIZON 3.71 GTE assesses a separate interim universal service fund surcharge for resale of Basic Local Exchange Residential and Business Rate Per Line Per Month: $ 2.08 Residential Rate Per Line Per Month: $ 2.62 California West Coast Business Rate Per Line Per Month: $ 5.58 Residential Rate Per Line Per Month: $ 4.88 Xxxxxx X. Xxxxxxxx Director - Negotiations Wholesale Markets Wholesale Network Services August 21, 2000 Mr. W. Xxxxxxx Xxxxxx Vice President External Affairs Local Markets Sprint Communications Company L.P. 0000 Xxxxxxx Xxxxxxxxx Xxxxxxxx Xxxx, XX 00000 Dear Xx. Xxxxxx: You have informed me at the avoided cost discount set forth to provide continued universal service support that Sprint Communications Company L.P. (“Sprint”) intends to file a petition with the California Public Utilities Commission (the “Commission”) on or about August 25, 2000 to compel arbitration of an interconnection agreement with Verizon California Inc. f/k/a GTE California Incorporated (“Verizon CA”)is implicit in GTE’s current retail services prices. This letter confirms the intentions of Sprint and Verizon CA surcharge is being addressed (the “Parties”or will be addressed) regarding the treatment to be accorded Internet traffic under the reciprocal compensation provisions of the agreement that results from that arbitration (the “Agreement”). In recognition of the fact that by the Commission intends to address the issue of reciprocal compensation for Internet traffic in Rulemaking No. 00-00-000 (the “Rulemaking”), the Parties agree that while the issue will be raised in Sprint's Petition regarding the proper treatment for Internet traffic in the Arbitration, Sprint will state in the Petition that the Parties have agreed to abide by the outcome of the Rulemaking in Docket No. 00-00-000 and will state that the Parties have agreed that neither party will present testimony in the arbitration on the issue. Instead, the Parties agree to negotiate in good faith to conform the reciprocal compensation and related provisions of the Agreement (as it pertains to the state of California) to reflect the final Order of the Commission in the Rulemaking, and, if necessary, to true-up prior reciprocal compensation xxxxxxxx and payments to reflect the terms of the Order retroactively to the effective date of the Agreement. Such true-up will occur within sixty (60) days of the date on which the Commission Order becomes effective and is not stayed. It is expressly understood and agreed that except as may be required by the Order in the Rulemaking and by the terms of this letter agreement, neither Party shall have any obligation to pay reciprocal compensation on Internet traffic delivered to the other Party, and any provisions included in the Agreement prior to the issuance of the Order shall so provide. The Parties further agree that once the Agreement has been renegotiated to reflect the terms of the Order, they shall also include the following provision in the Agreement: If the Commission, the FCC or a court of competent jurisdiction should issue or release an order, or if a federal or state legislative authority should enact a statute, jurisdiction. The parties agree that by its terms (i) expressly supercedes or modifies existing interconnection agreements GTE will offer for resale Basic Local Exchange Residential and (ii) specifies a rate or rate structure for reciprocal compensation, intercarrier compensation, or access charges that is to apply to Internet traffic, then Business Services without the Parties shall promptly amend this Agreement to reflect the terms of such order or statute. If an order or statute specifies such a rate or rate structureinterim surcharge, but does not expressly supercede or modify existing interconnection agreements, then either Party may demand negotiations with the other Party to amend this Agreement to reflect the terms of such order or statute. If such negotiations do not result in the Parties' amendment of this agreement within thirty (30) days, either Party may bring this issue before the Commission for arbitration. Any such amendment shall be retroactive subject to the effective date set forth in the order or statute, or such date as ordered by the Commission. Except for the provisions hereof pertaining to the Arbitration, by entering into this letter agreement the Parties do not waive, following terms and hereby expressly reserve, their respective rights to argue their positions regarding the payment of reciprocal compensation for Internet traffic before any regulatory, legislative or judicial body. AGREED: SPRINT COMMUNICATIONS COMPANY L.P. BY: DATEconditions:

Appears in 1 contract

Samples: Interconnection, Resale and Unbundling Agreement

Application of NRCs. Pre-ordering: CLEC Account Establishment is a one-time charge applied the first time that SPRINT TOUCHTONE orders any service from this Agreement. Ordering and Provisioning: Initial Service Order (ISO) applies per Local Service Request (LSR) if not apart of a Unbundled Network Element (UNE) ISO. Subsequent Service Order applies per LSR for modifications to an existing LNP service. Manual Ordering Charge applies to orders that require VERIZON GTE to manually enter SPRINTTOUCHTONE's order into VERIZONGTE's Secure Integrated Gateway System (SIGS), e.g. faxed orders and orders sent via physical or electronic mail. Custom Handling (These NRCs are in addition to any Preordering or Ordering and Provisioning NRCs): Service Order Expedite applies if SPRINT TOUCHTONE requests service prior to the standard due date intervals and if not a part of a UNE Expedite. Coordinated Conversion applies if SPRINT TOUCHTONE requests notification and coordination of service cutover cut-over prior to the service becoming effective and if not a part of a UNE Coordinated Conversion. Hot Coordinated Conversion First Hour applies if SPRINT TOUCHTONE requests real-time coordination of a service cut-over that takes one hour or less, and if not a part of a UNE Hot Coordinated Conversion First Hour. Hot Coordinated Conversion Per Additional Quarter Hour applies, in addition to the Hot Coordinated Conversion First Hour, for every 15-minute segment of real-time coordination of a service cut-over that takes more than one hour, and if not a part of a UNE Hot Coordinated Conversion Per Additional Quarter Hour. In addition, as defined in the Interconnection AttachmentArticle V, Section 3.2.3, the Party providing the ported number will pay the other Party the following rate per line per month for each ported business line and the rate per line per month for each ported residential line for the sharing of Access Charges on calls to ported numbers. California Contel Business Rate Per Line Per Month: $ 3.05 5.18 Residential Rate Per Line Per Month: $ 2.40 California VERIZON 3.71 GTE assesses a separate interim universal service fund surcharge for resale of Basic Local Exchange Residential and Business Rate Per Line Per Month: $ 2.08 Residential Rate Per Line Per Month: $ 2.62 California West Coast Business Rate Per Line Per Month: $ 5.58 Residential Rate Per Line Per Month: $ 4.88 Xxxxxx X. Xxxxxxxx Director - Negotiations Wholesale Markets Wholesale Network Services August 21, 2000 Mr. W. Xxxxxxx Xxxxxx Vice President External Affairs Local Markets Sprint Communications Company L.P. 0000 Xxxxxxx Xxxxxxxxx Xxxxxxxx Xxxx, XX 00000 Dear Xx. Xxxxxx: You have informed me at the avoided cost discount set forth to provide continued universal service support that Sprint Communications Company L.P. (“Sprint”) intends to file a petition with the California Public Utilities Commission (the “Commission”) on or about August 25, 2000 to compel arbitration of an interconnection agreement with Verizon California Inc. f/k/a GTE California Incorporated (“Verizon CA”)is implicit in GTE’s current retail services prices. This letter confirms the intentions of Sprint and Verizon CA surcharge is being addressed (the “Parties”or will be addressed) regarding the treatment to be accorded Internet traffic under the reciprocal compensation provisions of the agreement that results from that arbitration (the “Agreement”). In recognition of the fact that by the Commission intends to address the issue of reciprocal compensation for Internet traffic in Rulemaking No. 00-00-000 (the “Rulemaking”), the Parties agree that while the issue will be raised in Sprint's Petition regarding the proper treatment for Internet traffic in the Arbitration, Sprint will state in the Petition that the Parties have agreed to abide by the outcome of the Rulemaking in Docket No. 00-00-000 and will state that the Parties have agreed that neither party will present testimony in the arbitration on the issue. Instead, the Parties agree to negotiate in good faith to conform the reciprocal compensation and related provisions of the Agreement (as it pertains to the state of California) to reflect the final Order of the Commission in the Rulemaking, and, if necessary, to true-up prior reciprocal compensation xxxxxxxx and payments to reflect the terms of the Order retroactively to the effective date of the Agreement. Such true-up will occur within sixty (60) days of the date on which the Commission Order becomes effective and is not stayed. It is expressly understood and agreed that except as may be required by the Order in the Rulemaking and by the terms of this letter agreement, neither Party shall have any obligation to pay reciprocal compensation on Internet traffic delivered to the other Party, and any provisions included in the Agreement prior to the issuance of the Order shall so provide. The Parties further agree that once the Agreement has been renegotiated to reflect the terms of the Order, they shall also include the following provision in the Agreement: If the Commission, the FCC or a court of competent jurisdiction should issue or release an order, or if a federal or state legislative authority should enact a statute, jurisdiction. The parties agree that by its terms (i) expressly supercedes or modifies existing interconnection agreements GTE will offer for resale Basic Local Exchange Residential and (ii) specifies a rate or rate structure for reciprocal compensation, intercarrier compensation, or access charges that is to apply to Internet traffic, then Business Services without the Parties shall promptly amend this Agreement to reflect the terms of such order or statute. If an order or statute specifies such a rate or rate structureinterim surcharge, but does not expressly supercede or modify existing interconnection agreements, then either Party may demand negotiations with the other Party to amend this Agreement to reflect the terms of such order or statute. If such negotiations do not result in the Parties' amendment of this agreement within thirty (30) days, either Party may bring this issue before the Commission for arbitration. Any such amendment shall be retroactive subject to the effective date set forth in the order or statute, or such date as ordered by the Commission. Except for the provisions hereof pertaining to the Arbitration, by entering into this letter agreement the Parties do not waive, following terms and hereby expressly reserve, their respective rights to argue their positions regarding the payment of reciprocal compensation for Internet traffic before any regulatory, legislative or judicial body. AGREED: SPRINT COMMUNICATIONS COMPANY L.P. BY: DATEconditions:

Appears in 1 contract

Samples: Interconnection, Resale and Unbundling Agreement

Application of NRCs. Pre-ordering: CLEC Account Establishment is a one-time charge applied the first time that SPRINT orders any service from this Agreement. Ordering and Provisioning: Initial Service Order (ISO) applies per Local Service Request (LSR) if not apart of a Unbundled Network Element (UNE) ISO. Subsequent Service Order applies per LSR for modifications to an existing LNP service. Manual Ordering Charge applies to orders that require VERIZON to manually enter SPRINT's order into VERIZON's Secure Integrated Gateway System (SIGS), e.g. faxed orders and orders sent via physical or electronic mail. Custom Handling (These NRCs are in addition to any Preordering or Ordering and Provisioning NRCs): Service Order Expedite applies if SPRINT requests service prior to the standard due date intervals and if not a part of a UNE Expedite. Coordinated Conversion applies if SPRINT requests notification and coordination of service cutover prior to the service becoming effective and if not a part of a UNE Coordinated Conversion. Hot Coordinated Conversion First Hour applies if SPRINT requests real-time coordination of a service cut-over that takes one hour or less, and if not a part of a UNE Hot Coordinated Conversion First Hour. Hot Coordinated Conversion Per Additional Quarter Hour applies, in addition to the Hot Coordinated Conversion First Hour, for every 15-minute segment of real-time coordination of a service cut-over that takes more than one hour, and if not a part of a UNE Hot Coordinated Conversion Per Additional Quarter Hour. In addition, as defined in the Interconnection Attachment, the Party providing the ported number will pay the other Party the following rate per line per month for each ported business line and the rate per line per month for each ported residential line for the sharing of Access Charges on calls to ported numbers. California Contel Business Rate Per Line Per Month: $ 3.05 Residential Rate Per Line Per Month: $ 2.40 California VERIZON Business Rate Per Line Per Month: $ 2.08 Residential Rate Per Line Per Month: $ 2.62 California West Coast Business Rate Per Line Per Month: $ 5.58 Residential Rate Per Line Per Month: $ 4.88 Xxxxxx S xxxxx X. Xxxxxxxx Director - Negotiations Wholesale Markets Wholesale Network Services August 21, 2000 Mr. W. Xxxxxxx Xxxxxx Vice President External Affairs Local Markets Sprint Communications Company L.P. 0000 Xxxxxxx Xxxxxxxxx Xxxxxxxx Xxxx, XX 00000 Dear Xx. Xxxxxx: You have informed me that Sprint Communications Company L.P. (“Sprint”) intends to file a petition with the California Public Utilities Commission (the “Commission”) on or about August 25, 2000 to compel arbitration of an interconnection agreement with Verizon California Inc. f/k/a GTE California Incorporated (“Verizon CA”). This letter confirms the intentions of Sprint and Verizon CA (the “Parties”) regarding the treatment to be accorded Internet traffic under the reciprocal compensation provisions of the agreement that results from that arbitration (the “Agreement”). In recognition of the fact that the Commission intends to address the issue of reciprocal compensation for Internet traffic in Rulemaking No. 00-00-000 (the “Rulemaking”), the Parties agree that while the issue will be raised in Sprint's Petition regarding the proper treatment for Internet traffic in the Arbitration, Sprint will state in the Petition that the Parties have agreed to abide by the outcome of the Rulemaking in Docket No. 00-00-000 and will state that the Parties have agreed that neither party will present testimony in the arbitration on the issue. Instead, the Parties agree to negotiate in good faith to conform the reciprocal compensation and related provisions of the Agreement (as it pertains to the state of California) to reflect the final Order of the Commission in the Rulemaking, and, if necessary, to true-up prior reciprocal compensation xxxxxxxx and payments to reflect the terms of the Order retroactively to the effective date of the Agreement. Such true-up will occur within sixty (60) days of the date on which the Commission Order becomes effective and is not stayed. It is expressly understood and agreed that except as may be required by the Order in the Rulemaking and by the terms of this letter agreement, neither Party shall have any obligation to pay reciprocal compensation on Internet traffic delivered to the other Party, and any provisions included in the Agreement prior to the issuance of the Order shall so provide. The Parties further agree that once the Agreement has been renegotiated to reflect the terms of the Order, they shall also include the following provision in the Agreement: If the Commission, the FCC or a court of competent jurisdiction should issue or release an order, or if a federal or state legislative authority should enact a statute, that by its terms (i) expressly supercedes or modifies existing interconnection agreements and (ii) specifies a rate or rate structure for reciprocal compensation, intercarrier compensation, or access charges that is to apply to Internet traffic, then the Parties shall promptly amend this Agreement to reflect the terms of such order or statute. If an order or statute specifies such a rate or rate structure, but does not expressly supercede or modify existing interconnection agreements, then either Party may demand negotiations with the other Party to amend this Agreement to reflect the terms of such order or statute. If such negotiations do not result in the Parties' amendment of this agreement within thirty (30) days, either Party may bring this issue before the Commission for arbitration. Any such amendment shall be retroactive to the effective date set forth in the order or statute, or such date as ordered by the Commission. Except for the provisions hereof pertaining to the Arbitration, by entering into this letter agreement the Parties do not waive, and hereby expressly reserve, their respective rights to argue their positions regarding the payment of reciprocal compensation for Internet traffic before any regulatory, legislative or judicial body. Please indicate your agreement to the foregoing by signing below. Sincerely, AGREED: SPRINT COMMUNICATIONS COMPANY L.P. BY: :_______________________ DATE:____________________ The rates, terms, and conditions for Resale are set forth in VERIZON's Resale Tariff Schedule Cal. P.U.C. No. K-5 and are subject to change resulting from future Commission or other proceedings, including but not limited to any generic proceeding to determine VERIZON's unrecovered costs (e.g., historic costs, contribution, undepreciated reserve deficiency, or similar unrecovered VERIZON costs (including VERIZON's interim Universal Service Support Surcharge)), the establishment of a competitively neutral universal service system, or any appeal or other litigation. Nothing in this Resale Attachment supplements or amends VERIZON's Resale Tariff Schedule CAL. P.U.C. No. K-5. SPRINT may also purchase services from VERIZON pursuant to Schedule Cal. P.U.C. No. A-16; such services may be ordered by SPRINT in bulk, and may be billed to SPRINT. Sprint may purchase at a discount and on a stand-alone basis (meaning Sprint is not required to be the service provider for the underlying associated dial tone) any or all Vertical Features and services offered at retail by Verizon to its end users pursuant to Section 251(c)(4) of the Act and CFR 51.605(a). Without limiting the generality of the foregoing, the Parties will work together to develop standardized ordering guidelines for Call Forwarding Custom Calling Services listed in Cal. P.U.C. No. K-5, Section III.C.5. Call Forwarding Custom Calling Services shall be ordered by Sprint via a wholesale process agreed to by the Parties until a final process is developed within the framework of OBF issue 2037, or as otherwise agreed to by the Parties. The Parties further agree that stand-alone vertical features will be exempt from any performance measures until such time as OBF issue 2037 is final and implemented by the Parties. This Resale Attachment (Attachment), together with Articles I and II, defines the Telecommunication Services (including exchange Services, related Vertical Features and other services that may be purchased from VERIZON and resold by SPRINT) and sets forth the terms and conditions applicable to such resold services. Except as specifically provided otherwise in this Agreement, provisioning of exchange Services for resale will be as provided for in the GTE Guide. The resale Services described in this Attachment, shall be referred to herein collectively as “Services”, or each individually as “Service”.

Appears in 1 contract

Samples: Interconnection Agreement

Application of NRCs. Pre-ordering: CLEC Account Establishment is a one-time charge applied the first time that SPRINT Mpower orders any service from this Agreement. Ordering and Provisioning: Initial Service Order (ISO) applies per Local Service Request (LSR) if not apart of a Unbundled Network Element (UNE) ISO. Subsequent Service Order applies per LSR for modifications to an existing LNP service. Manual Ordering Charge applies to orders that require VERIZON GTE to manually enter SPRINTMpower's order into VERIZONGTE's Secure Integrated Gateway System (SIGS), e.g. faxed orders and orders sent via physical or electronic mail. Custom Handling (These NRCs are in addition to any Preordering or Ordering and Provisioning NRCs): Service Order Expedite applies if SPRINT Mpower requests service prior to the standard due date intervals and if not a part of a UNE Expedite. Coordinated Conversion applies if SPRINT Mpower requests notification and coordination of service cutover cut‑over prior to the service becoming effective and if not a part of a UNE Coordinated Conversion. Hot Coordinated Conversion First Hour applies if SPRINT Mpower requests real-time coordination of a service cut-over that takes one hour or less, and if not a part of a UNE Hot Coordinated Conversion First Hour. Hot Coordinated Conversion Per Additional Quarter Hour applies, in addition to the Hot Coordinated Conversion First Hour, for every 15-minute segment of real-time coordination of a service cut-over that takes more than one hour, and if not a part of a UNE Hot Coordinated Conversion Per Additional Quarter Hour. In addition, as defined in the Interconnection AttachmentArticle V, Section 3.2.3, the Party providing the ported number will pay the other Party the following rate per line per month for each ported business line and the rate per line per month for each ported residential line for the sharing of Access Charges on calls to ported numbers. California Contel Business Rate Per Line Per Month: $ 3.05 8.73 Residential Rate Per Line Per Month: $ 2.40 California VERIZON 3.46 Business Rate Per Line Per Month: $ 2.08 3.85 Residential Rate Per Line Per Month: $ 2.62 California West Coast Business Rate Per Line Per Month: $ 5.58 Residential Rate Per Line Per Month: $ 4.88 Xxxxxx X. Xxxxxxxx Director - Negotiations Wholesale Markets Wholesale Network Services August 21, 2000 Mr. W. Xxxxxxx Xxxxxx Vice President External Affairs Local Markets Sprint Communications Company L.P. 0000 Xxxxxxx Xxxxxxxxx Xxxxxxxx Xxxx, XX 00000 Dear Xx. Xxxxxx: You have informed me that Sprint Communications Company L.P. (“Sprint”) intends to file a petition with the California Public Utilities Commission (the “Commission”) on or about August 25, 2000 to compel arbitration of an interconnection agreement with Verizon California Inc. f/k/a GTE California Incorporated (“Verizon CA”). This letter confirms the intentions of Sprint and Verizon CA (the “Parties”) regarding the treatment to be accorded Internet traffic under the reciprocal compensation provisions of the agreement that results from that arbitration (the “Agreement”). In recognition of the fact that the Commission intends to address the issue of reciprocal compensation for Internet traffic in Rulemaking No. 00-00-000 (the “Rulemaking”), the Parties agree that while the issue will be raised in Sprint's Petition regarding the proper treatment for Internet traffic in the Arbitration, Sprint will state in the Petition that the Parties have agreed to abide by the outcome of the Rulemaking in Docket No. 00-00-000 and will state that the Parties have agreed that neither party will present testimony in the arbitration on the issue. Instead, the Parties agree to negotiate in good faith to conform the reciprocal compensation and related provisions of the Agreement (as it pertains to the state of California) to reflect the final Order of the Commission in the Rulemaking, and, if necessary, to true-up prior reciprocal compensation xxxxxxxx and payments to reflect the terms of the Order retroactively to the effective date of the Agreement. Such true-up will occur within sixty (60) days of the date on which the Commission Order becomes effective and is not stayed. It is expressly understood and agreed that except as may be required by the Order in the Rulemaking and by the terms of this letter agreement, neither Party shall have any obligation to pay reciprocal compensation on Internet traffic delivered to the other Party, and any provisions included in the Agreement prior to the issuance of the Order shall so provide. The Parties further agree that once the Agreement has been renegotiated to reflect the terms of the Order, they shall also include the following provision in the Agreement: If the Commission, the FCC or a court of competent jurisdiction should issue or release an order, or if a federal or state legislative authority should enact a statute, that by its terms (i) expressly supercedes or modifies existing interconnection agreements and (ii) specifies a rate or rate structure for reciprocal compensation, intercarrier compensation, or access charges that is to apply to Internet traffic, then the Parties shall promptly amend this Agreement to reflect the terms of such order or statute. If an order or statute specifies such a rate or rate structure, but does not expressly supercede or modify existing interconnection agreements, then either Party may demand negotiations with the other Party to amend this Agreement to reflect the terms of such order or statute. If such negotiations do not result in the Parties' amendment of this agreement within thirty (30) days, either Party may bring this issue before the Commission for arbitration. Any such amendment shall be retroactive to the effective date set forth in the order or statute, or such date as ordered by the Commission. Except for the provisions hereof pertaining to the Arbitration, by entering into this letter agreement the Parties do not waive, and hereby expressly reserve, their respective rights to argue their positions regarding the payment of reciprocal compensation for Internet traffic before any regulatory, legislative or judicial body. AGREED: SPRINT COMMUNICATIONS COMPANY L.P. BY: DATE:3.58

Appears in 1 contract

Samples: Interconnection and Unbundling Agreement

Application of NRCs. Pre-ordering: CLEC Account Establishment is a one-time charge applied the first time that SPRINT NEN orders any service from this Agreement. Ordering and Provisioning: Initial Service Order (ISO) applies per Local Service Request (LSR) if not apart of a Unbundled Network Element (UNE) ISO. Subsequent Service Order applies per LSR for modifications to an existing LNP service. Manual Ordering Charge applies to orders that require VERIZON GTE to manually enter SPRINTNEN's order into VERIZONGTE's Secure Integrated Gateway System (SIGS), e.g. faxed orders and orders sent via physical or electronic mail. Custom Handling (These NRCs are in addition to any Preordering or Ordering and Provisioning NRCs): Service Order Expedite applies if SPRINT NEN requests service prior to the standard due date intervals and if not a part of a UNE Expedite. Coordinated Conversion applies if SPRINT NEN requests notification and coordination of service cutover cut-over prior to the service becoming effective and if not a part of a UNE Coordinated Conversion. Hot Coordinated Conversion First Hour applies if SPRINT NEN requests real-time coordination of a service cut-over that takes one hour or less, and if not a part of a UNE Hot Coordinated Conversion First Hour. Hot Coordinated Conversion Per Additional Quarter Hour applies, in addition to the Hot Coordinated Conversion First Hour, for every 15-minute segment of real-time coordination of a service cut-over that takes more than one hour, and if not a part of a UNE Hot Coordinated Conversion Per Additional Quarter Hour. In addition, as defined in the Interconnection AttachmentArticle V, Section 3.2.3, the Party providing the ported number will pay the other Party the following rate per line per month for each ported business line and the rate per line per month for each ported residential line for the sharing of Access Charges on calls to ported numbers. California Contel Business Rate Per Line Per Month: $ 3.05 4.57 Residential Rate Per Line Per Month: $ 2.40 California VERIZON Business Rate Per Line Per Month: $ 2.08 Residential Rate Per Line Per Month: $ 2.62 California West Coast Business Rate Per Line Per Month: $ 5.58 Residential Rate Per Line Per Month: $ 4.88 Xxxxxx X. Xxxxxxxx Director - Negotiations Wholesale Markets Wholesale Network Services August 214.15 APPENDIX C SERVICES AVAILABLE FOR RESALE GTE's retail rates. The avoided cost discount is subject to change resulting from future Commission or other proceedings, 2000 Mr. W. Xxxxxxx Xxxxxx Vice President External Affairs Local Markets Sprint Communications Company L.P. 0000 Xxxxxxx Xxxxxxxxx Xxxxxxxx Xxxxincluding but not limited to any generic proceeding to determine GTE's unrecovered costs (e.g., XX 00000 Dear Xx. Xxxxxx: You have informed me that Sprint Communications Company L.P. historic costs, contribution, undepreciated reserve deficiency, or similar unrecovered GTE costs (“Sprint”) intends to file a petition with the California Public Utilities Commission (the “Commission”) on or about August 25, 2000 to compel arbitration of an interconnection agreement with Verizon California Inc. f/k/a GTE California Incorporated (“Verizon CA”including GTE's interim Universal Service Support Surcharge). This letter confirms the intentions of Sprint and Verizon CA (the “Parties”) regarding the treatment to be accorded Internet traffic under the reciprocal compensation provisions of the agreement that results from that arbitration (the “Agreement”). In recognition of the fact that the Commission intends to address the issue of reciprocal compensation for Internet traffic in Rulemaking No. 00-00-000 (the “Rulemaking”), the Parties establishment of a competitively neutral universal service system, or any appeal or other litigation. GTE assesses a separate interim universal service fund surcharge for resale of Basic Local Exchange Residential and Business Services at the avoided cost discount set forth to provide continued universal service support that is implicit in GTE’s current retail services prices. This surcharge is being addressed (or will be addressed) by the Commission or a court of competent jurisdiction. The parties agree that while GTE will offer for resale Basic Local Exchange Residential and Business Services without the issue interim surcharge, but subject to the following terms and conditions: APPENDIX C A. NEN agrees that within thirty (30) days after the effective date of a Commission or court order affirming GTE’s interim surcharge, NEN will be raised begin paying the monthly interim surcharge in Sprint's Petition regarding accord with the proper treatment for Internet traffic in the ArbitrationCommission or court order, Sprint will state in the Petition that the Parties have agreed including a lump sum payment to abide by the outcome GTE of the Rulemaking in Docket No. 00-00-000 and will state that the Parties have agreed that neither party will present testimony in the arbitration on the issue. Instead, the Parties agree to negotiate in good faith to conform the reciprocal compensation and related provisions of the Agreement (as it pertains to the state of California) to reflect the final Order of the Commission in the Rulemaking, and, if necessary, to true-up prior reciprocal compensation xxxxxxxx and payments to reflect the terms of the Order retroactively total interim surcharges retroactive to the effective date of the Agreementthis Agreement if so ordered. Such true-up will occur within sixty (60) days of the date on which the Commission Order becomes effective and is not stayed. It is expressly understood and agreed that except as may be required by the Order in the Rulemaking and by the terms of this letter agreement, neither Party shall have APPENDIX C B. Notwithstanding any obligation to pay reciprocal compensation on Internet traffic delivered to the other Party, and any provisions included in the Agreement prior to the issuance of the Order shall so provide. The Parties further agree that once the Agreement has been renegotiated to reflect the terms of the Order, they shall also include the following provision in the this Agreement: If the Commission, the FCC GTE may, at its sole discretion and at any time, seek injunctive or a court of competent jurisdiction should issue or release an order, or if a federal or state legislative authority should enact a statute, that by its terms other relief (i) expressly supercedes requiring NEN to pay GTE’s interim surcharge or modifies existing interconnection agreements and (ii) specifies a rate or rate structure for reciprocal compensation, intercarrier compensation, or access charges that is requiring the Commission to apply to Internet traffic, then immediately impose the Parties shall promptly amend interim surcharge. APPENDIX C C. Nothing in this Agreement to reflect shall restrict or impair GTE from seeking injunctive relief or any other remedy at any time and in any court regarding GTE’s interim surcharge or the terms Commission’s rejection or modification of such order or statuteGTE’s interim surcharge. Rates indicated as Arbitrated Rates will apply in lieu of GTE Rates as provided in Article III, Section 49 of this Agreement. If an order or statute specifies such a rate or rate structureno Arbitrated Rate is provided, but does not expressly supercede or modify existing interconnection agreements, then either Party may demand negotiations with the other Party to amend this Agreement to reflect the terms of such order or statuteGTE Rate will apply. If such negotiations do not result in the Parties' amendment of this agreement within thirty (30) days, either Party may bring this issue before the Commission for arbitration. Any such amendment shall be retroactive to the effective date set forth in the order or statute, or such date as ordered by the Commission. Except The GTE Rate for the provisions hereof pertaining to avoided cost discount for OS/DA is 1.5%. The GTE Rate for the Arbitrationavoided cost discount for all services, by entering into this letter agreement excluding OS/DA, is 14.6%. The Arbitrated Rate for the Parties do not waive, and hereby expressly reserve, their respective rights to argue their positions regarding the payment of reciprocal compensation avoided cost discount for Internet traffic before any regulatory, legislative or judicial body. AGREED: SPRINT COMMUNICATIONS COMPANY L.P. BY: DATE:all services is 21.53%.

Appears in 1 contract

Samples: Interconnection, Resale and Unbundling Agreement

Application of NRCs. Pre-ordering: CLEC Account Establishment is a one-time charge applied the first time that SPRINT NEN orders any service from this Agreement. Ordering and Provisioning: Initial Service Order (ISO) applies per Local Service Request (LSR) if not apart of a Unbundled Network Element (UNE) ISO. Subsequent Service Order applies per LSR for modifications to an existing LNP service. Manual Ordering Charge applies to orders that require VERIZON GTE to manually enter SPRINTNEN's order into VERIZONGTE's Secure Integrated Gateway System (SIGS), e.g. faxed orders and orders sent via physical or electronic mail. Custom Handling (These NRCs are in addition to any Preordering or Ordering and Provisioning NRCs): Service Order Expedite applies if SPRINT NEN requests service prior to the standard due date intervals and if not a part of a UNE Expedite. Coordinated Conversion applies if SPRINT NEN requests notification and coordination of service cutover cut-over prior to the service becoming effective and if not a part of a UNE Coordinated Conversion. Hot Coordinated Conversion First Hour applies if SPRINT NEN requests real-time coordination of a service cut-over that takes one hour or less, and if not a part of a UNE Hot Coordinated Conversion First Hour. Hot Coordinated Conversion Per Additional Quarter Hour applies, in addition to the Hot Coordinated Conversion First Hour, for every 15-minute segment of real-time coordination of a service cut-over that takes more than one hour, and if not a part of a UNE Hot Coordinated Conversion Per Additional Quarter Hour. In addition, as defined in the Interconnection AttachmentArticle V, Section 3.2.3, the Party providing the ported number will pay the other Party the following rate per line per month for each ported business line and the rate per line per month for each ported residential line for the sharing of Access Charges on calls to ported numbers. California Illinois Alltel Business Rate Per Line Per Month: $ 4.39 Residential Rate Per Line Per Month: $ 2.46 Illinois GTE/Contel Business Rate Per Line Per Month: $ 3.05 4.64 Residential Rate Per Line Per Month: $ 2.40 California VERIZON Business Rate Per Line Per Month: $ 2.08 Residential Rate Per Line Per Month: $ 2.62 California West Coast Business Rate Per Line Per Month: $ 5.58 Residential Rate Per Line Per Month: $ 4.88 Xxxxxx X. Xxxxxxxx Director - Negotiations Wholesale Markets Wholesale Network Services August 213.24 NEN-IL – 5/99 B-2 General. The rates for resold services described herein are based upon an avoided cost discount from GTE's retail rates. The avoided cost discount is subject to change resulting from future Commission or other proceedings, 2000 Mr. W. Xxxxxxx Xxxxxx Vice President External Affairs Local Markets Sprint Communications Company L.P. 0000 Xxxxxxx Xxxxxxxxx Xxxxxxxx Xxxxincluding but not limited to any generic proceeding to determine GTE's unrecovered costs (e.g., XX 00000 Dear Xx. Xxxxxx: You have informed me that Sprint Communications Company L.P. historic costs, contribution, undepreciated reserve deficiency, or similar unrecovered GTE costs (“Sprint”) intends to file a petition with the California Public Utilities Commission (the “Commission”) on or about August 25, 2000 to compel arbitration of an interconnection agreement with Verizon California Inc. f/k/a GTE California Incorporated (“Verizon CA”including GTE's interim Universal Service Support Surcharge). This letter confirms the intentions of Sprint and Verizon CA (the “Parties”) regarding the treatment to be accorded Internet traffic under the reciprocal compensation provisions of the agreement that results from that arbitration (the “Agreement”). In recognition of the fact that the Commission intends to address the issue of reciprocal compensation for Internet traffic in Rulemaking No. 00-00-000 (the “Rulemaking”), the Parties agree establishment of a competitively neutral universal service system, or any appeal or other litigation. GTE assesses a separate interim universal service fund surcharge for resale of Basic Local Exchange Residential and Business Services at the avoided cost discount set forth to provide continued universal service support that while the issue is implicit in GTE’s current retail services prices. This surcharge is being addressed (or will be raised in Sprint's Petition regarding the proper treatment for Internet traffic in the Arbitration, Sprint will state in the Petition that the Parties have agreed to abide addressed) by the outcome of the Rulemaking in Docket No. 00-00-000 and will state that the Parties have agreed that neither party will present testimony in the arbitration on the issue. Instead, the Parties agree to negotiate in good faith to conform the reciprocal compensation and related provisions of the Agreement (as it pertains to the state of California) to reflect the final Order of the Commission in the Rulemaking, and, if necessary, to true-up prior reciprocal compensation xxxxxxxx and payments to reflect the terms of the Order retroactively to the effective date of the Agreement. Such true-up will occur within sixty (60) days of the date on which the Commission Order becomes effective and is not stayed. It is expressly understood and agreed that except as may be required by the Order in the Rulemaking and by the terms of this letter agreement, neither Party shall have any obligation to pay reciprocal compensation on Internet traffic delivered to the other Party, and any provisions included in the Agreement prior to the issuance of the Order shall so provide. The Parties further agree that once the Agreement has been renegotiated to reflect the terms of the Order, they shall also include the following provision in the Agreement: If the Commission, the FCC or a court of competent jurisdiction should issue or release an order, or if a federal or state legislative authority should enact a statute, jurisdiction. The parties agree that by its terms (i) expressly supercedes or modifies existing interconnection agreements GTE will offer for resale Basic Local Exchange Residential and (ii) specifies a rate or rate structure for reciprocal compensation, intercarrier compensation, or access charges that is to apply to Internet traffic, then Business Services without the Parties shall promptly amend this Agreement to reflect the terms of such order or statute. If an order or statute specifies such a rate or rate structureinterim surcharge, but does not expressly supercede or modify existing interconnection agreements, then either Party may demand negotiations with the other Party to amend this Agreement to reflect the terms of such order or statute. If such negotiations do not result in the Parties' amendment of this agreement within thirty (30) days, either Party may bring this issue before the Commission for arbitration. Any such amendment shall be retroactive subject to the effective date set forth in the order or statute, or such date as ordered by the Commission. Except for the provisions hereof pertaining to the Arbitration, by entering into this letter agreement the Parties do not waive, following terms and hereby expressly reserve, their respective rights to argue their positions regarding the payment of reciprocal compensation for Internet traffic before any regulatory, legislative or judicial body. AGREED: SPRINT COMMUNICATIONS COMPANY L.P. BY: DATEconditions:

Appears in 1 contract

Samples: Interconnection, Resale and Unbundling Agreement

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Application of NRCs. Pre-ordering: CLEC Account Establishment is a one-time charge applied the first time that SPRINT NEN orders any service from this Agreement. Ordering and Provisioning: Initial Service Order (ISO) applies per Local Service Request (LSR) if not apart of a Unbundled Network Element (UNE) ISO. Subsequent Service Order applies per LSR for modifications to an existing LNP service. Manual Ordering Charge applies to orders that require VERIZON GTE to manually enter SPRINTNEN's order into VERIZONGTE's Secure Integrated Gateway System (SIGS), e.g. faxed orders and orders sent via physical or electronic mail. Custom Handling (These NRCs are in addition to any Preordering or Ordering and Provisioning NRCs): Service Order Expedite applies if SPRINT NEN requests service prior to the standard due date intervals and if not a part of a UNE Expedite. Coordinated Conversion applies if SPRINT NEN requests notification and coordination of service cutover cut-over prior to the service becoming effective and if not a part of a UNE Coordinated Conversion. Hot Coordinated Conversion First Hour applies if SPRINT NEN requests real-time coordination of a service cut-over that takes one hour or less, and if not a part of a UNE Hot Coordinated Conversion First Hour. Hot Coordinated Conversion Per Additional Quarter Hour applies, in addition to the Hot Coordinated Conversion First Hour, for every 15-minute segment of real-time coordination of a service cut-over that takes more than one hour, and if not a part of a UNE Hot Coordinated Conversion Per Additional Quarter Hour. In addition, as defined in the Interconnection AttachmentArticle V, Section 3.2.3, the Party providing the ported number will pay the other Party the following rate per line per month for each ported business line and the rate per line per month for each ported residential line for the sharing of Access Charges on calls to ported numbers. California Kentucky GTE/Contel Business Rate Per Line Per Month: $ 3.05 5.18 Residential Rate Per Line Per Month: $ 2.40 California VERIZON Business Rate Per Line Per Month: $ 2.08 Residential Rate Per Line Per Month: $ 2.62 California West Coast Business Rate Per Line Per Month: $ 5.58 Residential Rate Per Line Per Month: $ 4.88 Xxxxxx X. Xxxxxxxx Director - Negotiations Wholesale Markets Wholesale Network Services August 213.71 General. The rates for resold services described herein are based upon an avoided cost discount from GTE's retail rates. The avoided cost discount is subject to change resulting from future Commission or other proceedings, 2000 Mr. W. Xxxxxxx Xxxxxx Vice President External Affairs Local Markets Sprint Communications Company L.P. 0000 Xxxxxxx Xxxxxxxxx Xxxxxxxx Xxxxincluding but not limited to any generic proceeding to determine GTE's unrecovered costs (e.g., XX 00000 Dear Xx. Xxxxxx: You have informed me that Sprint Communications Company L.P. historic costs, contribution, undepreciated reserve deficiency, or similar unrecovered GTE costs (“Sprint”) intends to file a petition with the California Public Utilities Commission (the “Commission”) on or about August 25, 2000 to compel arbitration of an interconnection agreement with Verizon California Inc. f/k/a GTE California Incorporated (“Verizon CA”including GTE's interim Universal Service Support Surcharge). This letter confirms the intentions of Sprint and Verizon CA (the “Parties”) regarding the treatment to be accorded Internet traffic under the reciprocal compensation provisions of the agreement that results from that arbitration (the “Agreement”). In recognition of the fact that the Commission intends to address the issue of reciprocal compensation for Internet traffic in Rulemaking No. 00-00-000 (the “Rulemaking”), the Parties agree establishment of a competitively neutral universal service system, or any appeal or other litigation. GTE assesses a separate interim universal service fund surcharge for resale of Basic Local Exchange Residential and Business Services at the avoided cost discount set forth to provide continued universal service support that while the issue is implicit in GTE’s current retail services prices. This surcharge is being addressed (or will be raised in Sprint's Petition regarding the proper treatment for Internet traffic in the Arbitration, Sprint will state in the Petition that the Parties have agreed to abide addressed) by the outcome of the Rulemaking in Docket No. 00-00-000 and will state that the Parties have agreed that neither party will present testimony in the arbitration on the issue. Instead, the Parties agree to negotiate in good faith to conform the reciprocal compensation and related provisions of the Agreement (as it pertains to the state of California) to reflect the final Order of the Commission in the Rulemaking, and, if necessary, to true-up prior reciprocal compensation xxxxxxxx and payments to reflect the terms of the Order retroactively to the effective date of the Agreement. Such true-up will occur within sixty (60) days of the date on which the Commission Order becomes effective and is not stayed. It is expressly understood and agreed that except as may be required by the Order in the Rulemaking and by the terms of this letter agreement, neither Party shall have any obligation to pay reciprocal compensation on Internet traffic delivered to the other Party, and any provisions included in the Agreement prior to the issuance of the Order shall so provide. The Parties further agree that once the Agreement has been renegotiated to reflect the terms of the Order, they shall also include the following provision in the Agreement: If the Commission, the FCC or a court of competent jurisdiction should issue or release an order, or if a federal or state legislative authority should enact a statute, jurisdiction. The parties agree that by its terms (i) expressly supercedes or modifies existing interconnection agreements GTE will offer for resale Basic Local Exchange Residential and (ii) specifies a rate or rate structure for reciprocal compensation, intercarrier compensation, or access charges that is to apply to Internet traffic, then Business Services without the Parties shall promptly amend this Agreement to reflect the terms of such order or statute. If an order or statute specifies such a rate or rate structureinterim surcharge, but does not expressly supercede or modify existing interconnection agreements, then either Party may demand negotiations with the other Party to amend this Agreement to reflect the terms of such order or statute. If such negotiations do not result in the Parties' amendment of this agreement within thirty (30) days, either Party may bring this issue before the Commission for arbitration. Any such amendment shall be retroactive subject to the effective date set forth in the order or statute, or such date as ordered by the Commission. Except for the provisions hereof pertaining to the Arbitration, by entering into this letter agreement the Parties do not waive, following terms and hereby expressly reserve, their respective rights to argue their positions regarding the payment of reciprocal compensation for Internet traffic before any regulatory, legislative or judicial body. AGREED: SPRINT COMMUNICATIONS COMPANY L.P. BY: DATEconditions:

Appears in 1 contract

Samples: Interconnection, Resale and Unbundling Agreement

Application of NRCs. Pre-ordering: CLEC Account Establishment is a one-time charge applied the first time that SPRINT MFN orders any service from this Agreement. Ordering and Provisioning: Initial Service Order (ISO) applies per Local Service Request (LSR) if not apart of a Unbundled Network Element (UNE) ISO. Subsequent Service Order applies per LSR for modifications to an existing LNP service. Manual Ordering Charge applies to orders that require VERIZON GTE to manually enter SPRINTMFN's order into VERIZONGTE's Secure Integrated Gateway System (SIGS), e.g. faxed orders and orders sent via physical or electronic mail. Custom Handling (These NRCs are in addition to any Preordering or Ordering and Provisioning NRCs): Service Order Expedite applies if SPRINT MFN requests service prior to the standard due date intervals and if not a part of a UNE Expedite. Coordinated Conversion applies if SPRINT MFN requests notification and coordination of service cutover cut-over prior to the service becoming effective and if not a part of a UNE Coordinated Conversion. Hot Coordinated Conversion First Hour applies if SPRINT MFN requests real-time coordination of a service cut-over that takes one hour or less, and if not a part of a UNE Hot Coordinated Conversion First Hour. Hot Coordinated Conversion Per Additional Quarter Hour applies, in addition to the Hot Coordinated Conversion First Hour, for every 15-minute segment of real-time coordination of a service cut-over that takes more than one hour, and if not a part of a UNE Hot Coordinated Conversion Per Additional Quarter Hour. In addition, as defined in the Interconnection AttachmentArticle V, Section 3.2.3, the Party providing the ported number will pay the other Party the following rate per line per month for each ported business line and the rate per line per month for each ported residential line for the sharing of Access Charges on calls to ported numbers. California Illinois - Alltel Business Rate Per Line Per Month: $ 4.39 Residential Rate Per Line Per Month: $ 2.46 Illinois – GTE/Contel Business Rate Per Line Per Month: $ 3.05 4.64 Residential Rate Per Line Per Month: $ 2.40 California VERIZON Business Rate Per Line Per Month: $ 2.08 Residential Rate Per Line Per Month: $ 2.62 California West Coast Business Rate Per Line Per Month: $ 5.58 Residential Rate Per Line Per Month: $ 4.88 Xxxxxx X. Xxxxxxxx Director - Negotiations Wholesale Markets Wholesale Network Services August 213.24 MFN-IL –6/99 B-2 General. The rates contained in this Appendix D are the rates as defined in ArticleVI and are subject to change resulting from future Commission or other proceedings, 2000 Mr. W. Xxxxxxx Xxxxxx Vice President External Affairs Local Markets Sprint Communications Company L.P. 0000 Xxxxxxx Xxxxxxxxx Xxxxxxxx Xxxxincluding but not limited to any generic proceeding to determine GTE's unrecovered costs (e.g., XX 00000 Dear Xx. Xxxxxx: You have informed me that Sprint Communications Company L.P. historic costs, contribution, undepreciated reserve deficiency, or similar unrecovered GTE costs (“Sprint”) intends to file a petition with the California Public Utilities Commission (the “Commission”) on or about August 25, 2000 to compel arbitration of an interconnection agreement with Verizon California Inc. f/k/a GTE California Incorporated (“Verizon CA”including GTE's interim Service Support Surcharge). This letter confirms the intentions of Sprint and Verizon CA (the “Parties”) regarding the treatment to be accorded Internet traffic under the reciprocal compensation provisions of the agreement that results from that arbitration (the “Agreement”). In recognition of the fact that the Commission intends to address the issue of reciprocal compensation for Internet traffic in Rulemaking No. 00-00-000 (the “Rulemaking”), the Parties agree establishment of a competitively neutral universal service system, or any appeal or other litigation. GTE will offer unbundled loops and ports under the following conditions: GTE assesses a separate interim universal service fund surcharge for loops and ports to provide continued universal service support that while is implicit in GTE’s current retail services prices; and to respect the issue careful distinctions Congress has drawn between access to UNEs, on the one hand, and the purchase at wholesale rates of GTE services on the other. This surcharge is being addressed (or will be raised in Sprint's Petition regarding the proper treatment for Internet traffic in the Arbitration, Sprint will state in the Petition that the Parties have agreed to abide addressed) by the outcome of the Rulemaking in Docket No. 00-00-000 and will state that the Parties have agreed that neither party will present testimony in the arbitration on the issue. Instead, the Parties agree to negotiate in good faith to conform the reciprocal compensation and related provisions of the Agreement (as it pertains to the state of California) to reflect the final Order of the Commission in the Rulemaking, and, if necessary, to true-up prior reciprocal compensation xxxxxxxx and payments to reflect the terms of the Order retroactively to the effective date of the Agreement. Such true-up will occur within sixty (60) days of the date on which the Commission Order becomes effective and is not stayed. It is expressly understood and agreed that except as may be required by the Order in the Rulemaking and by the terms of this letter agreement, neither Party shall have any obligation to pay reciprocal compensation on Internet traffic delivered to the other Party, and any provisions included in the Agreement prior to the issuance of the Order shall so provide. The Parties further agree that once the Agreement has been renegotiated to reflect the terms of the Order, they shall also include the following provision in the Agreement: If the Commission, the FCC or a court of competent jurisdiction should issue or release an order, or if a federal or state legislative authority should enact a statute, jurisdiction. The parties agree that by its terms (i) expressly supercedes or modifies existing interconnection agreements GTE will offer the port and (ii) specifies a rate or rate structure for reciprocal compensation, intercarrier compensation, or access charges that is to apply to Internet traffic, then loop UNEs at the Parties shall promptly amend this Agreement to reflect rates set forth below in Appendix D without the terms of such order or statute. If an order or statute specifies such a rate or rate structureinterim surcharge, but does not expressly supercede or modify existing interconnection agreements, then either Party may demand negotiations with the other Party to amend this Agreement to reflect the terms of such order or statute. If such negotiations do not result in the Parties' amendment of this agreement within thirty (30) days, either Party may bring this issue before the Commission for arbitration. Any such amendment shall be retroactive subject to the effective date set forth in the order or statute, or such date as ordered by the Commission. Except for the provisions hereof pertaining to the Arbitration, by entering into this letter agreement the Parties do not waive, following terms and hereby expressly reserve, their respective rights to argue their positions regarding the payment of reciprocal compensation for Internet traffic before any regulatory, legislative or judicial body. AGREED: SPRINT COMMUNICATIONS COMPANY L.P. BY: DATEconditions:

Appears in 1 contract

Samples: Interconnection and Unbundling Agreement

Application of NRCs. Pre-ordering: CLEC Account Establishment is a one-time charge applied the first time that SPRINT USA Digital orders any service from this Agreement. Ordering and Provisioning: Initial Service Order (ISO) applies per Local Service Request (LSR) if not apart of a Unbundled Network Element (UNE) ISO. Subsequent Service Order applies per LSR for modifications to an existing LNP service. Manual Ordering Charge applies to orders that require VERIZON GTE to manually enter SPRINTUSA Digital's order into VERIZONGTE's Secure Integrated Gateway System (SIGS), e.g. faxed orders and orders sent via physical or electronic mail. Custom Handling (These NRCs are in addition to any Preordering or Ordering and Provisioning NRCs): Service Order Expedite applies if SPRINT USA Digital requests service prior to the standard due date intervals and if not a part of a UNE Expedite. Coordinated Conversion applies if SPRINT USA Digital requests notification and coordination of service cutover cut-over prior to the service becoming effective and if not a part of a UNE Coordinated Conversion. Hot Coordinated Conversion First Hour applies if SPRINT USA Digital requests real-time coordination of a service cut-over that takes one hour or less, and if not a part of a UNE Hot Coordinated Conversion First Hour. Hot Coordinated Conversion Per Additional Quarter Hour applies, in addition to the Hot Coordinated Conversion First Hour, for every 15-minute segment of real-time coordination of a service cut-over that takes more than one hour, and if not a part of a UNE Hot Coordinated Conversion Per Additional Quarter Hour. In addition, as defined in the Interconnection Attachment, the Party providing the ported number will pay the other Party the following rate per line per month for each ported business line and the rate per line per month for each ported residential line for the sharing of Access Charges on calls to ported numbers. California Contel Business Rate Per Line Per Month: $ 3.05 5.18 Residential Rate Per Line Per Month: $ 2.40 California VERIZON Business Rate Per Line Per Month: $ 2.08 Residential Rate Per Line Per Month: $ 2.62 California West Coast Business Rate Per Line Per Month: $ 5.58 Residential Rate Per Line Per Month: $ 4.88 Xxxxxx X. Xxxxxxxx Director - Negotiations Wholesale Markets Wholesale Network Services August 21, 2000 Mr. W. Xxxxxxx Xxxxxx Vice President External Affairs Local Markets Sprint Communications Company L.P. 0000 Xxxxxxx Xxxxxxxxx Xxxxxxxx Xxxx, XX 00000 Dear Xx. Xxxxxx: You have informed me that Sprint Communications Company L.P. (“Sprint”) intends to file a petition with the California Public Utilities Commission (the “Commission”) on or about August 25, 2000 to compel arbitration of an interconnection agreement with Verizon California Inc. f/k/a GTE California Incorporated (“Verizon CA”). This letter confirms the intentions of Sprint and Verizon CA (the “Parties”) regarding the treatment to be accorded Internet traffic under the reciprocal compensation provisions of the agreement that results from that arbitration (the “Agreement”). In recognition of the fact that the Commission intends to address the issue of reciprocal compensation for Internet traffic in Rulemaking No. 00-00-000 (the “Rulemaking”), the Parties agree that while the issue will be raised in Sprint's Petition regarding the proper treatment for Internet traffic in the Arbitration, Sprint will state in the Petition that the Parties have agreed to abide by the outcome of the Rulemaking in Docket No. 00-00-000 and will state that the Parties have agreed that neither party will present testimony in the arbitration on the issue. Instead, the Parties agree to negotiate in good faith to conform the reciprocal compensation and related provisions of the Agreement (as it pertains to the state of California) to reflect the final Order of the Commission in the Rulemaking, and, if necessary, to true-up prior reciprocal compensation xxxxxxxx and payments to reflect the terms of the Order retroactively to the effective date of the Agreement. Such true-up will occur within sixty (60) days of the date on which the Commission Order becomes effective and is not stayed. It is expressly understood and agreed that except as may be required by the Order in the Rulemaking and by the terms of this letter agreement, neither Party shall have any obligation to pay reciprocal compensation on Internet traffic delivered to the other Party, and any provisions included in the Agreement prior to the issuance of the Order shall so provide. The Parties further agree that once the Agreement has been renegotiated to reflect the terms of the Order, they shall also include the following provision in the Agreement: If the Commission, the FCC or a court of competent jurisdiction should issue or release an order, or if a federal or state legislative authority should enact a statute, that by its terms (i) expressly supercedes or modifies existing interconnection agreements and (ii) specifies a rate or rate structure for reciprocal compensation, intercarrier compensation, or access charges that is to apply to Internet traffic, then the Parties shall promptly amend this Agreement to reflect the terms of such order or statute. If an order or statute specifies such a rate or rate structure, but does not expressly supercede or modify existing interconnection agreements, then either Party may demand negotiations with the other Party to amend this Agreement to reflect the terms of such order or statute. If such negotiations do not result in the Parties' amendment of this agreement within thirty (30) days, either Party may bring this issue before the Commission for arbitration. Any such amendment shall be retroactive to the effective date set forth in the order or statute, or such date as ordered by the Commission. Except for the provisions hereof pertaining to the Arbitration, by entering into this letter agreement the Parties do not waive, and hereby expressly reserve, their respective rights to argue their positions regarding the payment of reciprocal compensation for Internet traffic before any regulatory, legislative or judicial body. AGREED: SPRINT COMMUNICATIONS COMPANY L.P. BY: DATE:3.71

Appears in 1 contract

Samples: Interconnection Agreement

Application of NRCs. Pre-ordering: CLEC Account Establishment is a one-time charge applied the first time that SPRINT US Dial Tone orders any service from this Agreement. Ordering and Provisioning: Initial Service Order (ISO) applies per Local Service Request (LSR) if not apart of a Unbundled Network Element (UNE) ISO. Subsequent Service Order applies per LSR for modifications to an existing LNP service. Manual Ordering Charge applies to orders that require VERIZON GTE to manually enter SPRINTUS Dial Tone's order into VERIZONGTE's Secure Integrated Gateway System (SIGS), e.g. faxed orders and orders sent via physical or electronic mail. Custom Handling (These NRCs are in addition to any Preordering or Ordering and Provisioning NRCs): Service Order Expedite applies if SPRINT US Dial Tone requests service prior to the standard due date intervals and if not a part of a UNE Expedite. Coordinated Conversion applies if SPRINT US Dial Tone requests notification and coordination of service cutover cut-over prior to the service becoming effective and if not a part of a UNE Coordinated Conversion. Hot Coordinated Conversion First Hour applies if SPRINT US Dial Tone requests real-time coordination of a service cut-over that takes one hour or less, and if not a part of a UNE Hot Coordinated Conversion First Hour. Hot Coordinated Conversion Per Additional Quarter Hour applies, in addition to the Hot Coordinated Conversion First Hour, for every 15-minute segment of real-time coordination of a service cut-over that takes more than one hour, and if not a part of a UNE Hot Coordinated Conversion Per Additional Quarter Hour. In addition, as defined in the Interconnection AttachmentArticle V, Section 3.2.3, the Party providing the ported number will pay the other Party the following rate per line per month for each ported business line and the rate per line per month for each ported residential line for the sharing of Access Charges on calls to ported numbers. California Contel Business Rate Per Line Per Month: $ 3.05 5.18 Residential Rate Per Line Per Month: $ 2.40 California VERIZON 3.71 GTE assesses a separate interim universal service fund surcharge for resale of Basic Local Exchange Residential and Business Rate Per Line Per Month: $ 2.08 Residential Rate Per Line Per Month: $ 2.62 California West Coast Business Rate Per Line Per Month: $ 5.58 Residential Rate Per Line Per Month: $ 4.88 Xxxxxx X. Xxxxxxxx Director - Negotiations Wholesale Markets Wholesale Network Services August 21, 2000 Mr. W. Xxxxxxx Xxxxxx Vice President External Affairs Local Markets Sprint Communications Company L.P. 0000 Xxxxxxx Xxxxxxxxx Xxxxxxxx Xxxx, XX 00000 Dear Xx. Xxxxxx: You have informed me at the avoided cost discount set forth to provide continued universal service support that Sprint Communications Company L.P. (“Sprint”) intends to file a petition with the California Public Utilities Commission (the “Commission”) on or about August 25, 2000 to compel arbitration of an interconnection agreement with Verizon California Inc. f/k/a GTE California Incorporated (“Verizon CA”)is implicit in GTE’s current retail services prices. This letter confirms the intentions of Sprint and Verizon CA surcharge is being addressed (the “Parties”or will be addressed) regarding the treatment to be accorded Internet traffic under the reciprocal compensation provisions of the agreement that results from that arbitration (the “Agreement”). In recognition of the fact that by the Commission intends to address the issue of reciprocal compensation for Internet traffic in Rulemaking No. 00-00-000 (the “Rulemaking”), the Parties agree that while the issue will be raised in Sprint's Petition regarding the proper treatment for Internet traffic in the Arbitration, Sprint will state in the Petition that the Parties have agreed to abide by the outcome of the Rulemaking in Docket No. 00-00-000 and will state that the Parties have agreed that neither party will present testimony in the arbitration on the issue. Instead, the Parties agree to negotiate in good faith to conform the reciprocal compensation and related provisions of the Agreement (as it pertains to the state of California) to reflect the final Order of the Commission in the Rulemaking, and, if necessary, to true-up prior reciprocal compensation xxxxxxxx and payments to reflect the terms of the Order retroactively to the effective date of the Agreement. Such true-up will occur within sixty (60) days of the date on which the Commission Order becomes effective and is not stayed. It is expressly understood and agreed that except as may be required by the Order in the Rulemaking and by the terms of this letter agreement, neither Party shall have any obligation to pay reciprocal compensation on Internet traffic delivered to the other Party, and any provisions included in the Agreement prior to the issuance of the Order shall so provide. The Parties further agree that once the Agreement has been renegotiated to reflect the terms of the Order, they shall also include the following provision in the Agreement: If the Commission, the FCC or a court of competent jurisdiction should issue or release an order, or if a federal or state legislative authority should enact a statute, jurisdiction. The parties agree that by its terms (i) expressly supercedes or modifies existing interconnection agreements GTE will offer for resale Basic Local Exchange Residential and (ii) specifies a rate or rate structure for reciprocal compensation, intercarrier compensation, or access charges that is to apply to Internet traffic, then Business Services without the Parties shall promptly amend this Agreement to reflect the terms of such order or statute. If an order or statute specifies such a rate or rate structureinterim surcharge, but does not expressly supercede or modify existing interconnection agreements, then either Party may demand negotiations with the other Party to amend this Agreement to reflect the terms of such order or statute. If such negotiations do not result in the Parties' amendment of this agreement within thirty (30) days, either Party may bring this issue before the Commission for arbitration. Any such amendment shall be retroactive subject to the effective date set forth in the order or statute, or such date as ordered by the Commission. Except for the provisions hereof pertaining to the Arbitration, by entering into this letter agreement the Parties do not waive, following terms and hereby expressly reserve, their respective rights to argue their positions regarding the payment of reciprocal compensation for Internet traffic before any regulatory, legislative or judicial body. AGREED: SPRINT COMMUNICATIONS COMPANY L.P. BY: DATEconditions:

Appears in 1 contract

Samples: Interconnection, Resale and Unbundling Agreement

Application of NRCs. Pre-ordering: CLEC Account Establishment is a one-time charge applied the first time that SPRINT NEN orders any service from this Agreement. Ordering and Provisioning: Initial Service Order (ISO) applies per Local Service Request (LSR) if not apart of a Unbundled Network Element (UNE) ISO. Subsequent Service Order applies per LSR for modifications to an existing LNP service. Manual Ordering Charge applies to orders that require VERIZON GTE to manually enter SPRINTNEN's order into VERIZONGTE's Secure Integrated Gateway System (SIGS), e.g. faxed orders and orders sent via physical or electronic mail. Custom Handling (These NRCs are in addition to any Preordering or Ordering and Provisioning NRCs): Service Order Expedite applies if SPRINT NEN requests service prior to the standard due date intervals and if not a part of a UNE Expedite. Coordinated Conversion applies if SPRINT NEN requests notification and coordination of service cutover cut-over prior to the service becoming effective and if not a part of a UNE Coordinated Conversion. Hot Coordinated Conversion First Hour applies if SPRINT NEN requests real-time coordination of a service cut-over that takes one hour or less, and if not a part of a UNE Hot Coordinated Conversion First Hour. Hot Coordinated Conversion Per Additional Quarter Hour applies, in addition to the Hot Coordinated Conversion First Hour, for every 15-minute segment of real-time coordination of a service cut-over that takes more than one hour, and if not a part of a UNE Hot Coordinated Conversion Per Additional Quarter Hour. In addition, as defined in the Interconnection AttachmentArticle V, Section 3.2.3, the Party providing the ported number will pay the other Party the following rate per line per month for each ported business line and the rate per line per month for each ported residential line for the sharing of Access Charges on calls to ported numbers. California Contel Business Rate Per Line Per Month: $ 3.05 7.70 Residential Rate Per Line Per Month: $ 2.40 California VERIZON 3.41 Business Rate Per Line Per Month: $ 2.08 4.32 Residential Rate Per Line Per Month: $ 2.62 California West Coast 3.70 GTE assesses a separate interim universal service fund surcharge for resale of Basic Local Exchange Residential and Business Rate Per Line Per Month: $ 5.58 Residential Rate Per Line Per Month: $ 4.88 Xxxxxx X. Xxxxxxxx Director - Negotiations Wholesale Markets Wholesale Network Services August 21, 2000 Mr. W. Xxxxxxx Xxxxxx Vice President External Affairs Local Markets Sprint Communications Company L.P. 0000 Xxxxxxx Xxxxxxxxx Xxxxxxxx Xxxx, XX 00000 Dear Xx. Xxxxxx: You have informed me at the avoided cost discount set forth to provide continued universal service support that Sprint Communications Company L.P. (“Sprint”) intends to file a petition with the California Public Utilities Commission (the “Commission”) on or about August 25, 2000 to compel arbitration of an interconnection agreement with Verizon California Inc. f/k/a GTE California Incorporated (“Verizon CA”)is implicit in GTE’s current retail services prices. This letter confirms the intentions of Sprint and Verizon CA surcharge is being addressed (the “Parties”or will be addressed) regarding the treatment to be accorded Internet traffic under the reciprocal compensation provisions of the agreement that results from that arbitration (the “Agreement”). In recognition of the fact that by the Commission intends to address the issue of reciprocal compensation for Internet traffic in Rulemaking No. 00-00-000 (the “Rulemaking”), the Parties agree that while the issue will be raised in Sprint's Petition regarding the proper treatment for Internet traffic in the Arbitration, Sprint will state in the Petition that the Parties have agreed to abide by the outcome of the Rulemaking in Docket No. 00-00-000 and will state that the Parties have agreed that neither party will present testimony in the arbitration on the issue. Instead, the Parties agree to negotiate in good faith to conform the reciprocal compensation and related provisions of the Agreement (as it pertains to the state of California) to reflect the final Order of the Commission in the Rulemaking, and, if necessary, to true-up prior reciprocal compensation xxxxxxxx and payments to reflect the terms of the Order retroactively to the effective date of the Agreement. Such true-up will occur within sixty (60) days of the date on which the Commission Order becomes effective and is not stayed. It is expressly understood and agreed that except as may be required by the Order in the Rulemaking and by the terms of this letter agreement, neither Party shall have any obligation to pay reciprocal compensation on Internet traffic delivered to the other Party, and any provisions included in the Agreement prior to the issuance of the Order shall so provide. The Parties further agree that once the Agreement has been renegotiated to reflect the terms of the Order, they shall also include the following provision in the Agreement: If the Commission, the FCC or a court of competent jurisdiction should issue or release an order, or if a federal or state legislative authority should enact a statute, jurisdiction. The parties agree that by its terms (i) expressly supercedes or modifies existing interconnection agreements GTE will offer for resale Basic Local Exchange Residential and (ii) specifies a rate or rate structure for reciprocal compensation, intercarrier compensation, or access charges that is to apply to Internet traffic, then Business Services without the Parties shall promptly amend this Agreement to reflect the terms of such order or statute. If an order or statute specifies such a rate or rate structureinterim surcharge, but does not expressly supercede or modify existing interconnection agreements, then either Party may demand negotiations with the other Party to amend this Agreement to reflect the terms of such order or statute. If such negotiations do not result in the Parties' amendment of this agreement within thirty (30) days, either Party may bring this issue before the Commission for arbitration. Any such amendment shall be retroactive subject to the effective date set forth in the order or statute, or such date as ordered by the Commission. Except for the provisions hereof pertaining to the Arbitration, by entering into this letter agreement the Parties do not waive, following terms and hereby expressly reserve, their respective rights to argue their positions regarding the payment of reciprocal compensation for Internet traffic before any regulatory, legislative or judicial body. AGREED: SPRINT COMMUNICATIONS COMPANY L.P. BY: DATEconditions:

Appears in 1 contract

Samples: Interconnection, Resale and Unbundling Agreement

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