AT&T SOUTHEAST REGION 9. STATE will provide to WSP, on a quarterly basis, a percentage, representing AT&T SOUTHEAST REGION 9-STATE’s proportionate share of the Facilities. AT&T SOUTHEAST REGION 9-STATE will calculate and provide the Shared Facility Factor, and the actual traffic usage used to develop those factors, to WSP on a quarterly basis by the twentieth (20th) of January, April, July and October of each year. WSP agrees to utilize the Shared Facility Factor provided by AT&T SOUTHEAST REGION 9-STATE that represents the percent IntraMTA Traffic originated by AT&T SOUTHEAST REGION 9-STATE and terminated to WSP over a shared two-way local interconnection Facility and/or trunks. To determine the Shared Facility Factor charges owed by AT&T SOUTHEAST REGION 9-STATE to WSP, such Shared Facility Factor will be applied by WSP against the two-way local interconnection Facility and/or trunks charges billed by AT&T SOUTHEAST REGION 9-STATE to WSP. WSP has the right to review the Shared Page 52 of 247 Attachment 02 - Network Interconnection/AT&T-22STATE 365 WIRELESS, LLC Version: 1Q13 - Two-Way CMRS ICA - Wireless - 01/09/13 Facility Factor each quarter and negotiate changes as justified. However, any resulting changes to the Shared Facility Factor will be applied on a prospective basis.
AT&T SOUTHEAST REGION 9. STATE Traffic between CLEC and Wireless Type 1 Third Parties or Wireless Type 2A Third Parties that do not engagein Meet Point Billing with AT&T SOUTHEAST REGION 9-STATE shall not be treated as Transit Traffic from a routing or billing perspective until such time as such traffic is identifiable as Transit Traffic.
AT&T SOUTHEAST REGION 9. STATE assumes no liability for any LEC’s or CLEC’s receipt of appropriate revenues due to it from any other entity. CLEC agrees that AT&T SOUTHEAST REGION 9-STATE will not be liable to it for damages (including, but not limited to, lost profits and exemplary damages) which may be owed to it as a result of any inaccurate or insufficient information resulting from any entity's actions, omissions, mistakes, or negligence and upon which AT&T SOUTHEAST REGION 9-STATE may have relied in preparing settlement reports or performing any other act under this Attachment.
AT&T SOUTHEAST REGION 9. STATE for intercarrier compensation at the rate for End Office Switching or its equivalent as set forth in the Pricing Schedule. CARRIER shall not charge originating or terminating switched access rates to AT&T SOUTHEAST REGION 9-STATE for termination of those calls. Attachment 02 – Local Wholesale Complete/AT&T-22STATE SouthEast Telephone, Inc. Version: 4Q08 – Commercial Agreement – LWC 01/22/09
AT&T SOUTHEAST REGION 9. STATE incurs a loss as a result thereof, CARRIER shall indemnify and reimburse AT&T SOUTHEAST REGION 9-STATE for that portion of the loss that would have been limited had CARRIER included in its tariffs and contracts the limitation(s) of
AT&T SOUTHEAST REGION 9. STATE may, at its discretion and upon thirty (30) days written notice to CARRIER, discontinue or cancel CIWMP Services to an individual end user of CARRIER provided that AT&T SOUTHEAST REGION 9-STATE can demonstrate that the individual end user is abusing the provisions of the CIWMP Services, such as, by way of example, where AT&T SOUTHEAST REGION 9-STATE dispatches to the same location on a repeated basis and trouble is caused by, but not limited to, substandard wire, pets, children or defective CPE.
AT&T SOUTHEAST REGION 9. STATE shall have the right to xxxx XXXXXXX the non-recurring charge(s) for ‘false dispatch’ (or similar, alternative charge) within CARRIER’s Agreement that would normally apply thereunder but for this Attachment, beginning with and including the second occurrence and every occurrence thereafter, which occurs within 30 days or less from the previous occurrence, of a dispatch out of an AT&T SOUTHEAST REGION 9-STATE technician to a particular LWCAL end user premise that is closed (i) in each case due to subscriber access reasons (e.g., no one home to permit technician access to the premises or to areas within the premises necessary to diagnose and/or resolve the trouble), and/or (ii) in each case due to the same Section 4 (“Exclusions”) reason.
AT&T SOUTHEAST REGION 9. STATE shall provide CARRIER written notice of its intent to terminate the Service upon sixty (60) days and CARRIER may convert its end users to an AT&T SOUTHEAST REGION 9-STATE MemoryCall® service product offered for resale by AT&T SOUTHEAST REGION 9-STATE pursuant to CARRIER interconnection agreement. CARRIER will process the appropriate local service request to initiate such changes.
AT&T SOUTHEAST REGION 9. STATE shall re-perform the nonconforming IW Services, and repair or replace the nonconforming products(s) at no additional charge to CARRIER. Except for willful misconduct, such re-performance of work and repair or replacement of nonconforming products shall constitute the entire liability of AT&T SOUTHEAST REGION 9-STATE hereunder and the sole remedy of CARRIER under this warranty, whether such claim or remedy is sought in contract, tort (including negligence), strict liability, or otherwise.
AT&T SOUTHEAST REGION 9. STATE will provide to WSP, on a quarterly basis, a percentage, representing AT&T SOUTHEAST REGION 9-STATE’s proportionate share of the Facilities. 2.3.6.8
