Common use of Compensation for Local Clause in Contracts

Compensation for Local. Traffic and ISP Traffic will be rated as follows. (i) Beginning on June 14, 2001, and continuing for six months, intercarrier compensation for Local Traffic will be capped at a rate of $.0015/minute-of-use (mou). Starting December 14, 2001, and continuing for eighteen months, the rate will be capped at $.0010/mou. Starting June 14, 2003, and continuing through June 14, 2004 or until further FCC action (whichever is later), the rate will be capped at $.0007/mou. (ii) The Parties agree that traffic was not exchanged prior to April 18, 2001, and therefore, any ISP Traffic exchanged between the Parties, shall be exchanged on a Xxxx and Keep basis. (iii) There shall be a rebuttable presumption that traffic exchanged between the Parties that exceeds a 3:1 ratio of terminating to originating traffic is ISP-bound traffic subject to the compensation mechanism set forth in this Section. A Party may rebut the presumption by demonstrating to the Commission that traffic above the 3:1 ratio is in fact Local Traffic delivered to non-ISP customers. Conversely, a Party can demonstrate to the Commission that traffic it delivers to the other Party is ISP-bound traffic, even though it does not exceed the 3:1 ratio During the pendency of any such proceedings, the Parties remain obligated to pay the presumptive rates, subject to true-up upon the conclusion of Commission proceedings.

Compensation for Local. Traffic and ISP Traffic will be rated as follows. (i) Beginning on June 14, 2001, and continuing for six months, intercarrier compensation for Local Traffic will be capped at a rate of $.0015/minute-of-use (mou). Starting December 14, 2001, and continuing for eighteen months, the rate will be capped at $.0010/mou. Starting June 14, 2003, and continuing through June 14, 2004 or until further FCC action (whichever is later), the rate will be capped at $.0007/mou. (ii) The Parties agree that traffic was not exchanged prior to April 18, 2001, and therefore, any ISP Traffic exchanged between the Parties, shall be exchanged on a Xxxx Bill and Keep basis. (iii) There shall be a rebuttable presumption that traffic exchanged between the Parties that exceeds a 3:1 ratio of terminating to originating traffic is ISP-bound traffic subject to the compensation mechanism set forth in this Section. A Party may rebut the presumption by demonstrating to the Commission that traffic above the 3:1 ratio is in fact Local Traffic delivered to non-ISP customers. Conversely, a Party can demonstrate to the Commission that traffic it delivers to the other Party is ISP-bound traffic, even though it does not exceed the 3:1 ratio During the pendency of any such proceedings, the Parties remain obligated to pay the presumptive rates, subject to true-up upon the conclusion of Commission proceedings.