Calculation of Payments and Billing. 5.3.1 UPPER PENINSULA shall compensate SPRINT for Subject Telecommunications Traffic that is delivered by UPPER PENINSULA to SPRINT, as prescribed in Section 3.1 and at the rate provided in Attachment A. SPRINT will compensate UPPER PENINSULA for Subject Telecommunications Traffic delivered to UPPER PENINSULA for termination to its customers, as prescribed in Sections 3.1 and 3.2, , as applicable and at the rate provided in Attachment A and for Access Traffic exchanged between SPRINT & UPPER PENINSULA, as prescribed and at the rates provided in Section 4.2. 5.3.2 SPRINT shall prepare a monthly billing statement to UPPER PENINSULA, reflecting the calculation of Reciprocal Compensation due SPRINT. UPPER PENINSULA shall prepare a monthly billing statement to SPRINT, which will separately reflect the calculation of Reciprocal Compensation, Switched Access Compensation, and total compensation due UPPER PENINSULA. 5.3.3 Recognizing that UPPER PENINSULA has no way of measuring the Non- Subject Telecommunications Traffic, in the event that SPRINT does not track the usage information required to identify the Non-Subject Telecommunications Traffic originated or terminated by UPPER PENINSULA, Parties agree to a default factor of 2% as an estimate of Non-Subject Telecommunications Traffic. The actual recorded usage shall be the basis for billing, when available and verifiable 5.3.4 Dedicated interconnection facilities used for two-way traffic exchange between the Parties will be mutually agreed upon and the charges for such facilities, excluding cost of new construction (which shall be paid for by UPPER PENINSULA), provided and billed by UPPER PENINSULA shall be shared based on each Party’s proportion of originating Subject Telecommunications Traffic to total Subject Telecommunications Traffic exchanged between the Parties, in accordance with this Agreement. For the purposes of billing compensation for Subject Telecommunications Traffic, billed minutes will be based upon actual usage data or records/reports provided by the transiting carrier may be the basis for billing, If actual usage data or records/reports provided by the transiting carrier are not available to determine the amount of Subject Telecommunications Traffic exchanged between the Parties, then an estimated percentage of originating Subject Telecommunications Traffic to total Subject Telecommunications Traffic may be used. This estimated percentage is referred to as the Traffic Factor and is listed in Attachment A. The Parties agree to review the Traffic Factor on a periodic basis and, if warranted by the actual usage, revise the Traffic Factor appropriately. Supporting documentation for the percentage change will be provided. If the Parties do not reach agreement on the proposed Traffic Factor within 60 days of receipt of the proposed percentage change by the other Party, then either Party may seek resolution through Section 24 Dispute Resolution. 5.3.5 The Parties agree that disputed and undisputed amounts due under this Agreement shall be handled as follows: 5.3.5.1 If any portion of an amount due to a Party (the "Billing Party") under this Agreement is subject to a bona fide dispute between the Parties, the Party billed (the "Non-Paying Party") shall, within thirty (30) days of its receipt of the invoice containing such disputed amount, give written notice to the Billing Party of the amounts it disputes ("Disputed Amounts") and include in such notice the specific details and reasons for disputing each item. The Non-Paying Party shall pay within forty-five (45) days of receipt on an invoice, all undisputed amounts to the Billing Party. The Parties will work together in good faith to resolve issues relating to the disputed amounts. If the dispute cannot be resolved within thirty (30) days of receipt, the dispute will be escalated to the 2nd level of management within each company. If the dispute cannot be resolved within sixty (60) days of the receipt, the dispute will be escalated to the 3rd level. After ninety (90) days from receipt of dispute, the Parties will follow the Formal Dispute Resolution procedures in Section 24. If the dispute is resolved such that payment is required, the Non-Paying Party shall pay the disputed amounts with interest at the lesser of (i) one and one-half percent (1-1/2%) per month or (ii) the highest rate of interest that may be charged under Michigan’s applicable law. In addition, the Billing Party may cease terminating traffic for the Non-Paying Party after undisputed amounts not paid become more than 90 days past due, provided the Billing Party gives 30 days’ written notice and opportunity to cure the default prior to terminating service. 5.3.5.2 Any undisputed amounts not paid when due shall accrue interest from the date such amounts were due at the lesser of (i) one and one-half percent (1-1/2%) per month or (ii) the highest rate of interest that may be charged under Michigan’s applicable law. 5.3.5.3 Undisputed amounts shall be paid within forty-five days of receipt of the invoice.
Appears in 1 contract
Samples: Interconnection and Reciprocal Compensation Agreement
Calculation of Payments and Billing. 5.3.1 UPPER PENINSULA Allendale shall compensate SPRINT Nextel for Subject Telecommunications Traffic that is delivered by UPPER PENINSULA Allendale to SPRINTNextel, as prescribed in Section 3.1 and in Attachment A, as applicable, and at the rate provided in Attachment A. SPRINT A, Nextel will compensate UPPER PENINSULA Allendale for Subject Telecommunications Traffic delivered to UPPER PENINSULA Allendale for termination to its customers, as prescribed in Sections 3.1 and 3.1, 3.2, and in Attachment A, as applicable and at the rate provided in Attachment A and for Access Traffic exchanged between SPRINT Nextel & UPPER PENINSULAAllendale, as prescribed and at the rates provided in Section 4.2.
5.3.2 SPRINT Nextel shall prepare a monthly billing statement to UPPER PENINSULAAllendale, reflecting the calculation of Reciprocal Compensation due SPRINTNextel. UPPER PENINSULA Allendale shall prepare a monthly billing statement to SPRINTNextel, which will separately reflect the calculation of Reciprocal Compensation, Switched Access Compensation, and total compensation due UPPER PENINSULAAllendale.
5.3.3 Recognizing that UPPER PENINSULA Allendale has no way of measuring the Non- Non-Subject Telecommunications Traffic, in the event that SPRINT Nextel does not track the usage information required to identify the Non-Subject Telecommunications Traffic originated or terminated by UPPER PENINSULAAllendale, Parties agree to a default factor of 25% as an estimate of Non-Subject Telecommunications Traffic. The actual recorded usage shall be the basis for billing, when available and verifiable.
5.3.4 Dedicated Where dedicated interconnection facilities are used for two-way traffic exchange between the Parties will be mutually agreed upon and Parties, the charges for such facilities, excluding cost of new construction (which shall be paid for by UPPER PENINSULA)construction, provided and billed by UPPER PENINSULA Allendale shall be shared based on each Party’s proportion of originating Subject Telecommunications Traffic to total Subject Telecommunications Traffic exchanged between the Parties, in accordance with this Agreement. For the purposes of billing compensation for Subject Telecommunications Traffic, billed minutes will be based upon actual usage data or records/reports provided by the transiting carrier may be the basis for billing, If actual usage data or records/reports provided by the transiting carrier are is not available in order to determine the amount of Subject Telecommunications Traffic exchanged between the Parties, then an estimated percentage of originating Subject Telecommunications Traffic to total Subject Telecommunications Traffic may be used. This estimated percentage is referred to as the Traffic Factor and is listed in Attachment A. The Parties agree to review the Traffic Factor on a periodic basis and, if warranted by the actual usage, revise the Traffic Factor appropriately. Supporting documentation for the percentage change will be provided. If the Parties do not reach agreement on the proposed Traffic Factor within 60 days of receipt of the proposed percentage change by the other Party, then either Party may seek resolution through Section 24 22 Dispute Resolution.
5.3.5 The Parties agree that disputed and undisputed amounts due under this Agreement shall be handled as follows:
5.3.5.1 If any portion of an amount due to a Party (the "Billing Party") under this Agreement is subject to a bona fide dispute between the Parties, the Party billed (the "Non-Paying Party") shall, within thirty (30) days of its receipt of the invoice containing such disputed amount, give written notice to the Billing Party of the amounts it disputes ("Disputed Amounts") and include in such notice the specific details and reasons for disputing each item. The Non-Paying Party shall pay within forty-five (45) days of receipt on an invoicewhen due, all undisputed amounts to the Billing Party. The Parties will work together in good faith to resolve issues relating to the disputed amounts. If the dispute cannot be resolved within thirty (30) days of receipt, the dispute will be escalated to the 2nd level of management within each company. If the dispute cannot be resolved within sixty (60) days of the receipt, the dispute will be escalated to the 3rd level. After ninety (90) days from receipt of dispute, the Parties will follow the Formal Dispute Resolution procedures in Section 2422. If the dispute is resolved such that payment is required, the Non-Paying Party shall pay the disputed amounts with interest at the lesser of (i) one and one-half percent (1-1/2%) per month or (ii) the highest rate of interest that may be charged under Michigan’s applicable law. In addition, the Billing Party may cease terminating traffic for the Non-Paying Party after undisputed amounts not paid become more than 90 days past due, provided the Billing Party gives 30 days’ written notice and opportunity to cure the default prior to terminating service.
5.3.5.2 Any undisputed amounts not paid when due shall accrue interest from the date such amounts were due at the lesser of (i) one and one-half percent (1-1/2%) per month or (ii) the highest rate of interest that may be charged under Michigan’s applicable law.
5.3.5.3 Undisputed amounts shall be paid within forty-five days of receipt of the invoice.or
Appears in 1 contract
Samples: Interconnection and Reciprocal Compensation Agreement
Calculation of Payments and Billing. 5.3.1 UPPER PENINSULA LENNON shall compensate SPRINT for Subject Telecommunications Traffic that is delivered by UPPER PENINSULA LENNON to SPRINT, as prescribed in Section 3.1 and at the rate provided in Attachment A. SPRINT will compensate UPPER PENINSULA LENNON for Subject Telecommunications Traffic delivered to UPPER PENINSULA LENNON for termination to its customers, as prescribed in Sections 3.1 and 3.2, , as applicable and at the rate provided in Attachment A and for Access Traffic exchanged between SPRINT & UPPER PENINSULALENNON, as prescribed and at the rates provided in Section 4.2.
5.3.2 SPRINT shall prepare a monthly billing statement to UPPER PENINSULALENNON, reflecting the calculation of Reciprocal Compensation due SPRINT. UPPER PENINSULA LENNON shall prepare a monthly billing statement to SPRINT, which will separately reflect the calculation of Reciprocal Compensation, Switched Access Compensation, and total compensation due UPPER PENINSULALENNON.
5.3.3 Recognizing that UPPER PENINSULA LENNON has no way of measuring the Non- Non-Subject Telecommunications Traffic, in the event that SPRINT does not track the usage information required to identify the Non-Subject Telecommunications Traffic originated or terminated by UPPER PENINSULALENNON, Parties agree to a default factor of 2% as an estimate of Non-Subject Telecommunications Traffic. The actual recorded usage shall be the basis for billing, when available and verifiable
5.3.4 Dedicated interconnection facilities used for two-way traffic exchange between the Parties will be mutually agreed upon and the charges for such facilities, excluding cost of new construction (which shall be paid for by UPPER PENINSULALENNON), provided and billed by UPPER PENINSULA LENNON shall be shared based on each Party’s proportion of originating Subject Telecommunications Traffic to total Subject Telecommunications Traffic exchanged between the Parties, in accordance with this Agreement. For the purposes of billing compensation for Subject Telecommunications Traffic, billed minutes will be based upon actual usage data or records/reports provided by the transiting carrier may be the basis for billing, If actual usage data or records/reports provided by the transiting carrier are not available to determine the amount of Subject Telecommunications Traffic exchanged between the Parties, then an estimated percentage of originating Subject Telecommunications Traffic to total Subject Telecommunications Traffic may be used. This estimated percentage is referred to as the Traffic Factor and is listed in Attachment A. The Parties agree to review the Traffic Factor on a periodic basis and, if warranted by the actual usage, revise the Traffic Factor appropriately. Supporting documentation for the percentage change will be provided. If the Parties do not reach agreement on the proposed Traffic Factor within 60 days of receipt of the proposed percentage change by the other Party, then either Party may seek resolution through Section 24 Dispute Resolution.
5.3.5 The Parties agree that disputed and undisputed amounts due under this Agreement shall be handled as follows:
5.3.5.1 If any portion of an amount due to a Party (the "Billing Party") under this Agreement is subject to a bona fide dispute between the Parties, the Party billed (the "Non-Paying Party") shall, within thirty (30) days of its receipt of the invoice containing such disputed amount, give written notice to the Billing Party of the amounts it disputes ("Disputed Amounts") and include in such notice the specific details and reasons for disputing each item. The Non-Paying Party shall pay within forty-five (45) days of receipt on an invoice, all undisputed amounts to the Billing Party. The Parties will work together in good faith to resolve issues relating to the disputed amounts. If the dispute cannot be resolved within thirty (30) days of receipt, the dispute will be escalated to the 2nd level of management within each company. If the dispute cannot be resolved within sixty (60) days of the receipt, the dispute will be escalated to the 3rd level. After ninety (90) days from receipt of dispute, the Parties will follow the Formal Dispute Resolution procedures in Section 24. If the dispute is resolved such that payment is required, the Non-Paying Party shall pay the disputed amounts with interest at the lesser of (i) one and one-half percent (1-1/2%) per month or (ii) the highest rate of interest that may be charged under Michigan’s applicable law. In addition, the Billing Party may cease terminating traffic for the Non-Paying Party after undisputed amounts not paid become more than 90 days past due, provided the Billing Party gives 30 days’ written notice and opportunity to cure the default prior to terminating service.
5.3.5.2 Any undisputed amounts not paid when due shall accrue interest from the date such amounts were due at the lesser of (i) one and one-half percent (1-1/2%) per month or (ii) the highest rate of interest that may be charged under Michigan’s applicable law.
5.3.5.3 Undisputed amounts shall be paid within forty-five days of receipt of the invoice.
Appears in 1 contract
Samples: Interconnection and Reciprocal Compensation Agreement
Calculation of Payments and Billing. 5.3.1 UPPER PENINSULA DEERFIELD shall compensate SPRINT for Subject Telecommunications Traffic that is delivered by UPPER PENINSULA DEERFIELD to SPRINT, as prescribed in Section 3.1 and at the rate provided in Attachment A. SPRINT will compensate UPPER PENINSULA DEERFIELD for Subject Telecommunications Traffic delivered to UPPER PENINSULA DEERFIELD for termination to its customers, as prescribed in Sections 3.1 and 3.2, , as applicable and at the rate provided in Attachment A and for Access Traffic exchanged between SPRINT & UPPER PENINSULADEERFIELD, as prescribed and at the rates provided in Section 4.2.
5.3.2 SPRINT shall prepare a monthly billing statement to UPPER PENINSULADEERFIELD, reflecting the calculation of Reciprocal Compensation due SPRINT. UPPER PENINSULA DEERFIELD shall prepare a monthly billing statement to SPRINT, which will separately reflect the calculation of Reciprocal Compensation, Switched Access Compensation, and total compensation due UPPER PENINSULADEERFIELD.
5.3.3 Recognizing that UPPER PENINSULA DEERFIELD has no way of measuring the Non- Non-Subject Telecommunications Traffic, in the event that SPRINT does not track the usage information required to identify the Non-Subject Telecommunications Traffic originated or terminated by UPPER PENINSULADEERFIELD, Parties agree to a default factor of 2% as an estimate of Non-Subject Telecommunications Traffic. The actual recorded usage shall be the basis for billing, when available and verifiable
5.3.4 Dedicated interconnection facilities used for two-way traffic exchange between the Parties will be mutually agreed upon and the charges for such facilities, excluding cost of new construction (which shall be paid for by UPPER PENINSULADEERFIELD), provided and billed by UPPER PENINSULA DEERFIELD shall be shared based on each Party’s proportion of originating Subject Telecommunications Traffic to total Subject Telecommunications Traffic exchanged between the Parties, in accordance with this Agreement. For the purposes of billing compensation for Subject Telecommunications Traffic, billed minutes will be based upon actual usage data or records/reports provided by the transiting carrier may be the basis for billing, If actual usage data or records/reports provided by the transiting carrier are not available to determine the amount of Subject Telecommunications Traffic exchanged between the Parties, then an estimated percentage of originating Subject Telecommunications Traffic to total Subject Telecommunications Traffic may be used. This estimated percentage is referred to as the Traffic Factor and is listed in Attachment A. The Parties agree to review the Traffic Factor on a periodic basis and, if warranted by the actual usage, revise the Traffic Factor appropriately. Supporting documentation for the percentage change will be provided. If the Parties do not reach agreement on the proposed Traffic Factor within 60 days of receipt of the proposed percentage change by the other Party, then either Party may seek resolution through Section 24 Dispute Resolution.
5.3.5 The Parties agree that disputed and undisputed amounts due under this Agreement shall be handled as follows:
5.3.5.1 If any portion of an amount due to a Party (the "Billing Party") under this Agreement is subject to a bona fide dispute between the Parties, the Party billed (the "Non-Paying Party") shall, within thirty (30) days of its receipt of the invoice containing such disputed amount, give written notice to the Billing Party of the amounts it disputes ("Disputed Amounts") and include in such notice the specific details and reasons for disputing each item. The Non-Paying Party shall pay within forty-five (45) days of receipt on an invoice, all undisputed amounts to the Billing Party. The Parties will work together in good faith to resolve issues relating to the disputed amounts. If the dispute cannot be resolved within thirty (30) days of receipt, the dispute will be escalated to the 2nd level of management within each company. If the dispute cannot be resolved within sixty (60) days of the receipt, the dispute will be escalated to the 3rd level. After ninety (90) days from receipt of dispute, the Parties will follow the Formal Dispute Resolution procedures in Section 24. If the dispute is resolved such that payment is required, the Non-Paying Party shall pay the disputed amounts with interest at the lesser of (i) one and one-half percent (1-1/2%) per month or (ii) the highest rate of interest that may be charged under Michigan’s applicable law. In addition, the Billing Party may cease terminating traffic for the Non-Paying Party after undisputed amounts not paid become more than 90 days past due, provided the Billing Party gives 30 days’ written notice and opportunity to cure the default prior to terminating service.
5.3.5.2 Any undisputed amounts not paid when due shall accrue interest from the date such amounts were due at the lesser of (i) one and one-half percent (1-1/2%) per month or (ii) the highest rate of interest that may be charged under Michigan’s applicable law.
5.3.5.3 Undisputed amounts shall be paid within forty-five days of receipt of the invoice.
Appears in 1 contract
Samples: Interconnection and Reciprocal Compensation Agreement
Calculation of Payments and Billing. 5.3.1 UPPER PENINSULA KALEVA shall compensate SPRINT for Subject Telecommunications Traffic that is delivered by UPPER PENINSULA KALEVA to SPRINT, as prescribed in Section 3.1 and at the rate provided in Attachment A. SPRINT will compensate UPPER PENINSULA KALEVA for Subject Telecommunications Traffic delivered to UPPER PENINSULA KALEVA for termination to its customers, as prescribed in Sections 3.1 and 3.2, , as applicable and at the rate provided in Attachment A and for Access Traffic exchanged between SPRINT & UPPER PENINSULAKALEVA, as prescribed and at the rates provided in Section 4.2.
5.3.2 SPRINT shall prepare a monthly billing statement to UPPER PENINSULAKALEVA, reflecting the calculation of Reciprocal Compensation due SPRINT. UPPER PENINSULA KALEVA shall prepare a monthly billing statement to SPRINT, which will separately reflect the calculation of Reciprocal Compensation, Switched Access Compensation, and total compensation due UPPER PENINSULAKALEVA.
5.3.3 Recognizing that UPPER PENINSULA KALEVA has no way of measuring the Non- Non-Subject Telecommunications Traffic, in the event that SPRINT does not track the usage information required to identify the Non-Subject Telecommunications Traffic originated or terminated by UPPER PENINSULAKALEVA, Parties agree to a default factor of 2% as an estimate of Non-Subject Telecommunications Traffic. The actual recorded usage shall be the basis for billing, when available and verifiable
5.3.4 Dedicated interconnection facilities used for two-way traffic exchange between the Parties will be mutually agreed upon and the charges for such facilities, excluding cost of new construction (which shall be paid for by UPPER PENINSULAKALEVA), provided and billed by UPPER PENINSULA KALEVA shall be shared based on each Party’s proportion of originating Subject Telecommunications Traffic to total Subject Telecommunications Traffic exchanged between the Parties, in accordance with this Agreement. For the purposes of billing compensation for Subject Telecommunications Traffic, billed minutes will be based upon actual usage data or records/reports provided by the transiting carrier may be the basis for billing, If actual usage data or records/reports provided by the transiting carrier are not available to determine the amount of Subject Telecommunications Traffic exchanged between the Parties, then an estimated percentage of originating Subject Telecommunications Traffic to total Subject Telecommunications Traffic may be used. This estimated percentage is referred to as the Traffic Factor and is listed in Attachment A. The Parties agree to review the Traffic Factor on a periodic basis and, if warranted by the actual usage, revise the Traffic Factor appropriately. Supporting documentation for the percentage change will be provided. If the Parties do not reach agreement on the proposed Traffic Factor within 60 days of receipt of the proposed percentage change by the other Party, then either Party may seek resolution through Section 24 Dispute Resolution.
5.3.5 The Parties agree that disputed and undisputed amounts due under this Agreement shall be handled as follows:
5.3.5.1 If any portion of an amount due to a Party (the "Billing Party") under this Agreement is subject to a bona fide dispute between the Parties, the Party billed (the "Non-Paying Party") shall, within thirty (30) days of its receipt of the invoice containing such disputed amount, give written notice to the Billing Party of the amounts it disputes ("Disputed Amounts") and include in such notice the specific details and reasons for disputing each item. The Non-Paying Party shall pay within forty-five (45) days of receipt on an invoice, all undisputed amounts to the Billing Party. The Parties will work together in good faith to resolve issues relating to the disputed amounts. If the dispute cannot be resolved within thirty (30) days of receipt, the dispute will be escalated to the 2nd level of management within each company. If the dispute cannot be resolved within sixty (60) days of the receipt, the dispute will be escalated to the 3rd level. After ninety (90) days from receipt of dispute, the Parties will follow the Formal Dispute Resolution procedures in Section 24. If the dispute is resolved such that payment is required, the Non-Paying Party shall pay the disputed amounts with interest at the lesser of (i) one and one-half percent (1-1/2%) per month or (ii) the highest rate of interest that may be charged under Michigan’s applicable law. In addition, the Billing Party may cease terminating traffic for the Non-Paying Party after undisputed amounts not paid become more than 90 days past due, provided the Billing Party gives 30 days’ written notice and opportunity to cure the default prior to terminating service.
5.3.5.2 Any undisputed amounts not paid when due shall accrue interest from the date such amounts were due at the lesser of (i) one and one-half percent (1-1/2%) per month or (ii) the highest rate of interest that may be charged under Michigan’s applicable law.
5.3.5.3 Undisputed amounts shall be paid within forty-five days of receipt of the invoice.five
Appears in 1 contract
Samples: Interconnection and Reciprocal Compensation Agreement