Common use of Compensation for Shared Interconnection Facility Clause in Contracts

Compensation for Shared Interconnection Facility. 60.9.1 The transmission facility that connects Sprint and CLEC network is defined as the “Interconnection Facility.” The Interconnection Facility may be a shared facility. Notwithstanding any other provision to the contrary, if CLEC provides one-hundred percent (100%) of the Interconnection Facility via lease of meet-point circuits between Sprint and a third-party; lease of Sprint facilities, lease of third party facilities; or construction of its own facilities; the POI for the mutual exchange of traffic will be the Sprint office where the leased facility terminates. Should the facility provided by CLEC be used to terminate Sprint originated traffic, CLEC may charge Sprint for a proportionate amount of the facility charges based on Sprint’s relative usage for local traffic, excluding ISP-Bound Traffic, for a portion of the facility consistent with the section immediately below using (1) the lesser of Sprint’s cost-based dedicated transport rate or the actual lease cost of the interconnecting facility or (2) CLEC’s own cost-based rates if filed and approved the Commission in accordance with 47 C.F.R. 51.711(b). 60.9.2 In the event that CLEC elects to offer service within Sprint’s serving area using a switch located outside Sprint’s serving area, CLEC agrees to provide the transport for both Party’s traffic outside Sprint’s contiguous serving area in which CLEC offers service, at no charge to Sprint. Sprint will not compensate CLEC for the shared interconnection facility beyond Sprint’s contiguous serving area in which CLEC offers service.

Compensation for Shared Interconnection Facility. 60.9.1 60.10.1. The transmission facility that connects Sprint and CLEC network is defined as the “Interconnection Facility.” The Interconnection Facility may be a shared facility. Notwithstanding any other provision to the contrary, if CLEC provides one-hundred percent (100%) of the Interconnection Facility via lease of meet-point circuits between Sprint and a third-party; lease of Sprint facilities, lease of third party facilities; or construction of its own facilities; the POI for the mutual exchange of traffic will be the Sprint office where the leased facility terminates. Should the facility provided by CLEC be used to terminate Sprint originated traffic, CLEC may charge Sprint for a proportionate amount of the facility charges based on Sprint’s relative usage for local traffic, excluding ISP-Bound Traffic, for a portion of the facility consistent with the section immediately below using (1) the lesser of Sprint’s cost-based dedicated transport rate or the actual lease cost of the interconnecting facility or (2) CLEC’s own cost-based rates if filed and approved the Commission in accordance with 47 C.F.R. 51.711(b). 60.9.2 60.10.2. In the event that CLEC elects to offer service within Sprint’s serving area using a switch located outside Sprint’s serving area, CLEC agrees to provide the transport for both Party’s traffic outside Sprint’s contiguous serving area in which CLEC offers service, at no charge to Sprint. Sprint will not compensate CLEC for the shared interconnection facility beyond Sprint’s contiguous serving area in which CLEC offers service. 60.10.3. Sprint reserves the right to discontinue the use, for delivering traffic from its network, of all, or a portion, of the facilities provided by CLEC. This provision does not negate any obligations either Party may have regarding such facilities, such as, but not limited to term and notice provisions. Nothing herein will obligate Sprint to utilize facilities obtained from a third Party. 60.10.4. Should Sprint elect to provision its own transport to CLEC’s network to deliver its originated traffic or if CLEC elects to use Indirect Interconnection, there is no shared interconnection facility for which Sprint would compensate CLEC. Should Sprint elect to provision its own transport to CLEC’s network to deliver its originated traffic, Sprint reserves the right to only provision to the boundary of Sprint’s contiguous serving area in the LATA. 60.10.5. Each Party shall pay its proportionate share of the recurring charges for transport facilities based on the percentage of the total traffic originated by that Party (excluding any toll traffic, Transit Traffic and ISP Bound Traffic). At either Party's request, but no more than twice per year, the Parties shall determine the applicable percentages twice per year based on the previous six (6) months’ minutes of use billed by each Party. The Parties shall share the results of the minutes of use billed by the other Party and will work cooperatively on a mutually agreeable percentage. Each Party shall be responsible for ordering and paying for any facilities for two-way trunks carrying only its toll, transit or ISP Bound traffic.

Compensation for Shared Interconnection Facility. 60.9.1 The transmission facility that connects Sprint and CLEC network is defined as the “Interconnection Facility.” The Interconnection Facility may be a shared facility. Notwithstanding any other provision to the contrary, if CLEC provides one-hundred percent (100%) of the Interconnection Facility via lease of meet-point circuits between Sprint and a third-party; lease of Sprint facilities, lease of third party facilities; or construction of its own facilities; the POI for the mutual exchange of traffic will be the Sprint office where the leased facility terminates. Should the facility provided by CLEC be used to terminate Sprint originated traffic, CLEC may charge Sprint for a proportionate amount of the facility charges based on Sprint’s relative usage for local traffic, excluding ISP-Bound Traffic, for a portion of the facility consistent with the section immediately below Section 61.12.2 using (1) the lesser of Sprint’s cost-based dedicated transport rate or the actual lease cost of the interconnecting facility or (2) CLEC’s own cost-based rates if filed and approved the Commission in accordance with 47 C.F.R. 51.711(b). 60.9.2 In the event that CLEC elects to offer service within Sprint’s serving area using a switch located outside Sprint’s serving area, CLEC agrees to provide the transport for both Party’s traffic outside Sprint’s contiguous serving area in which CLEC offers service, at no charge to Sprint. Sprint will not compensate CLEC for the shared interconnection facility beyond Sprint’s contiguous serving area in which CLEC offers service.