Common use of Exchange Service (EAS/Local Clause in Contracts

Exchange Service (EAS/Local. Traffic 7.3.4.1 End Office Call Termination 7.3.4.1.1 [SEE STATE SPECIFIC LANGUAGE FOR IA]The per minute of use call termination rates as described in Exhibit A of this Agreement will apply reciprocally for Exchange Service (EAS/Local) traffic terminated at a Qwest or CLEC end office. 7.3.4.1.2 For purposes of call termination, the CLEC switch(es) shall be treated as end office switch(es)unless CLEC’s switch(es) meet the definition of a Tandem Switch in accordance with the Definitions Section of this Agreement. 7.3.4.1.3 [SEE STATE SPECIFIC LANGUAGE FOR IA]As set forth above, the Parties agree that reciprocal compensation only applies to EAS/Local Traffic and further agree that the FCC has determined that Internet Related Traffic originated by either Party (the “Originating Party”) and delivered to the other Party, (the “Delivering Party”) is interstate in nature. Consequently, the Delivering Party must identify which, if any, of this traffic is EAS/Local Traffic. The Originating Party will only pay reciprocal compensation for the traffic the Delivering Party has substantiated to be EAS/Local Traffic. In the absence of such substantiation, such traffic shall be presumed to be interstate. 7.3.4.1.4 Neither Party shall be responsible to the other for call termination charges associated with third party traffic that transits such Party’s network. 7.3.4.2 Tandem Switched Transport 7.3.4.2.1 For traffic delivered through a Qwest or CLEC local tandem switch (as defined in this Agreement), the tandem switching rate and the tandem transmission rate in Exhibit A shall apply per minute in addition to the end office call termination rate described above, so long as the terminating Party switches the traffic at both its tandem switch and separate end office switch. However, if CLEC or Qwest only switches the traffic once and this switch meets the definition of a tandem switch in the Definitions Section, then only the tandem switching rate shall apply. 7.3.4.2.2 Mileage shall be measured for the tandem transmission rate elements based on V&H coordinates between the tandem and terminating end office. 7.3.4.2.3 When a Party terminates traffic to a remote switch, tandem transmission rates will be applied for the V & H mileage between the host switch and the remote switch when the identity of each is filed in the NECA 4 Tariff. 7.3.4.2.4 When Qwest receives a unqueried call from CLEC to a number that has been ported to another Qwest central office within the EAS/Local calling area, and Qwest performs the query, mileage sensitive tandem transmission rates will apply which reflect the distance to the end office to which the call has been ported. 7.3.4.2.4.1 To determine the responsible originating carrier of all calls for billing purposes, Qwest and CLEC are required to utilize the Number Portability Administration Center (NPAC) database, or another database that is supported by OBF.

Exchange Service (EAS/Local. Traffic 7.3.4.1 End Office Call Termination 7.3.4.1.1 [SEE STATE SPECIFIC LANGUAGE FOR IA]The The per minute of use call termination rates as described in Exhibit A of this Agreement will apply reciprocally for Exchange Service (EAS/Local) traffic terminated at a Qwest or CLEC end office. 7.3.4.1.2 For purposes of call termination, the CLEC switch(es) shall be treated as end office switch(es)unless CLEC’s switch(es) meet the definition of a Tandem Switch in accordance with the Definitions Section of this Agreement. 7.3.4.1.3 [SEE STATE SPECIFIC LANGUAGE FOR IA]As As set forth above, the Parties agree that reciprocal Qwest Version 3.7 Template Agreement, 05-14-2001 Page 57 5-24-2001/bbd/Z-Tel/NE/CDS-010523-0107 compensation only applies to EAS/Local Traffic and further agree that the FCC has determined that Internet Related Traffic originated by either Party (the “Originating Party”) and delivered to the other Party, (the “Delivering Party”) is interstate in nature. Consequently, the Delivering Party must identify which, if any, of this traffic is EAS/Local Traffic. The Originating Party will only pay reciprocal compensation for the traffic the Delivering Party has substantiated to be EAS/Local Traffic. In the absence of such substantiation, such traffic shall be presumed to be interstate. 7.3.4.1.4 Neither Party shall be responsible to the other for call termination charges associated with third party traffic that transits such Party’s network. 7.3.4.2 Tandem Switched Transport 7.3.4.2.1 For traffic delivered through a Qwest or CLEC local tandem switch (as defined in this Agreement), the tandem switching rate and the tandem transmission rate in Exhibit A shall apply per minute in addition to the end office call termination rate described above, so long as the terminating Party switches the traffic at both its tandem switch and separate end office switch. However, if CLEC or Qwest only switches the traffic once and this switch meets the definition of a tandem switch in the Definitions Section, then only the tandem switching rate shall apply. 7.3.4.2.2 Mileage shall be measured for the tandem transmission rate elements based on V&H coordinates between the tandem and terminating end office. 7.3.4.2.3 When a Party terminates traffic to a remote switch, tandem transmission rates will be applied for the V & H mileage between the host switch and the remote switch when the identity of each is filed in the NECA 4 Tariff. 7.3.4.2.4 When Qwest receives a unqueried call from CLEC to a number that has been ported to another Qwest central office within the EAS/Local calling area, and Qwest performs the query, mileage sensitive tandem transmission rates will apply which reflect the distance to the end office to which the call has been ported. 7.3.4.2.4.1 To determine the responsible originating carrier of all calls for billing purposes, Qwest and CLEC are required to utilize the Number Portability Administration Center (NPAC) database, or another database that is supported by OBF.

Exchange Service (EAS/Local. Traffic 7.3.4.1 End Office Call Termination 7.3.4.1.1 [SEE STATE SPECIFIC LANGUAGE FOR IA]The The per minute of use call termination rates as described in Exhibit A of this Agreement will apply reciprocally for Exchange Service (EAS/Local) traffic terminated at a Qwest or CLEC end office. 7.3.4.1.2 For purposes of call termination, the CLEC switch(es) shall be treated as end office switch(es)unless CLEC’s switch(es) meet the definition of a Tandem Switch in accordance with the Definitions Section of this Agreement. 7.3.4.1.3 [SEE STATE SPECIFIC LANGUAGE FOR IA]As As set forth above, the Parties agree that reciprocal compensation only applies to EAS/Local Traffic and further agree that the FCC has determined that Internet Related Traffic originated by either Party (the “Originating Party”) and delivered to the other Party, (the “Delivering Party”) is interstate in nature. Consequently, the Delivering Party must identify which, if any, of this traffic is EAS/Local Traffic. The Originating Party will only pay reciprocal compensation for the traffic the Delivering Party has substantiated to be EAS/Local Traffic. In the absence of such substantiation, such traffic shall be presumed to be interstate. 7.3.4.1.4 Neither Party shall be responsible to the other for call termination charges associated with third party traffic that transits such Party’s network. 7.3.4.2 Tandem Switched Transport 7.3.4.2.1 For traffic delivered through a Qwest or CLEC local tandem Qwest Version 3.6 Template Agreement, 03-16-2001 57 4/13/01/HAH for MS/360networks (USA) inc/NE/CDS-010411-0026 switch (as defined in this Agreement), the tandem switching rate and the tandem transmission rate in Exhibit A shall apply per minute in addition to the end office call termination rate described above, so long as the terminating Party switches the traffic at both its tandem switch and separate end office switch. However, if CLEC or Qwest only switches the traffic once and this switch meets the definition of a tandem switch in the Definitions Section, then only the tandem switching rate shall apply. 7.3.4.2.2 Mileage shall be measured for the tandem transmission rate elements based on V&H coordinates between the tandem and terminating end office. 7.3.4.2.3 When a Party terminates traffic to a remote switch, tandem transmission rates will be applied for the V & H mileage between the host switch and the remote switch when the identity of each is filed in the NECA 4 Tariff. 7.3.4.2.4 When Qwest receives a unqueried call from CLEC to a number that has been ported to another Qwest central office within the EAS/Local calling area, and Qwest performs the query, mileage sensitive tandem transmission rates will apply which reflect the distance to the end office to which the call has been ported. 7.3.4.2.4.1 To determine the responsible originating carrier of all calls for billing purposes, Qwest and CLEC are required to utilize the Number Portability Administration Center (NPAC) database, or another database that is supported by OBF.

Exchange Service (EAS/Local. Traffic 7.3.4.1 End Office Call Termination 7.3.4.1.1 [SEE STATE SPECIFIC LANGUAGE FOR IA]The The per minute of use call termination rates as described in Exhibit A of this Agreement will apply reciprocally for Exchange Service (EAS/Local) traffic terminated at a Qwest or CLEC end office. 7.3.4.1.2 For purposes of call termination, the CLEC switch(es) shall be treated as end office switch(es)unless CLEC’s switch(es) meet the definition of a Tandem Switch in accordance with the Definitions Section of this Agreement. 7.3.4.1.3 [SEE STATE SPECIFIC LANGUAGE FOR IA]As As set forth above, the Parties agree that reciprocal compensation only applies to EAS/Local Traffic and further agree that the FCC has determined that Internet Related Traffic originated by either Party (the “Originating Party”) and delivered to the other Party, (the “Delivering Party”) is interstate in nature. Consequently, the Delivering Party must identify which, if any, of this traffic is EAS/Local Traffic. The Originating Party will only pay reciprocal compensation for the traffic the Delivering Party has substantiated to be EAS/Local Traffic. In the absence of such substantiation, such traffic shall be presumed to be interstate. 7.3.4.1.4 Neither Party shall be responsible to the other for call termination charges associated with third party traffic that transits such Party’s network. 7.3.4.2 Tandem Switched TransportTransport Qwest Version 3.6 Template Agreement, 03-16-2001 57 4/27/01/HAH for BB/NOS Comm Inc/NE/CDS-010426-0042 7.3.4.2.1 For traffic delivered through a Qwest or CLEC local tandem switch (as defined in this Agreement), the tandem switching rate and the tandem transmission rate in Exhibit A shall apply per minute in addition to the end office call termination rate described above, so long as the terminating Party switches the traffic at both its tandem switch and separate end office switch. However, if CLEC or Qwest only switches the traffic once and this switch meets the definition of a tandem switch in the Definitions Section, then only the tandem switching rate shall apply. 7.3.4.2.2 Mileage shall be measured for the tandem transmission rate elements based on V&H coordinates between the tandem and terminating end office. 7.3.4.2.3 When a Party terminates traffic to a remote switch, tandem transmission rates will be applied for the V & H mileage between the host switch and the remote switch when the identity of each is filed in the NECA 4 Tariff. 7.3.4.2.4 When Qwest receives a unqueried call from CLEC to a number that has been ported to another Qwest central office within the EAS/Local calling area, and Qwest performs the query, mileage sensitive tandem transmission rates will apply which reflect the distance to the end office to which the call has been ported. 7.3.4.2.4.1 To determine the responsible originating carrier of all calls for billing purposes, Qwest and CLEC are required to utilize the Number Portability Administration Center (NPAC) database, or another database that is supported by OBF.

Exchange Service (EAS/Local. Traffic 7.3.4.1 End Office Call Termination 7.3.4.1.1 [SEE STATE SPECIFIC LANGUAGE FOR IA]The The per minute of use call termination rates as described in Exhibit A of this Agreement will apply reciprocally for Exchange Service (EAS/Local) traffic terminated at a Qwest or CLEC end office. 7.3.4.1.2 For purposes of call termination, the CLEC switch(es) shall be treated as end office switch(es)unless CLEC’s switch(es) meet the definition of a Tandem Switch in accordance with the Definitions Section of this Agreement. 7.3.4.1.3 [SEE STATE SPECIFIC LANGUAGE FOR IA]As As set forth above, the Parties agree that reciprocal compensation only applies to EAS/Local Traffic and further agree that the FCC has determined that Internet Related Traffic originated by either Party (the “Originating Party”) and delivered to the other Party, (the “Delivering Party”) is interstate in nature. Consequently, the Delivering Party must identify which, if any, of this traffic is EAS/Local Traffic. The Originating Party will only pay reciprocal compensation for the traffic the Delivering Party has substantiated to be EAS/Local Traffic. In the absence of such substantiation, such traffic shall be presumed to be interstate. 7.3.4.1.4 Neither Party shall be responsible to the other for call termination charges associated with third party traffic that transits such Party’s network. 7.3.4.2 Tandem Switched Transport 7.3.4.2.1 For traffic delivered through a Qwest or CLEC local tandem switch (as defined in this Agreement), the tandem switching rate and the tandem transmission rate in Exhibit A shall apply per minute in addition to the end office call termination rate described above, so long as the terminating Party switches the traffic at both its tandem switch and separate end office switch. However, if CLEC or Qwest only switches the traffic once and this switch meets the definition of a tandem switch in the Definitions Section, then only the tandem switching rate shall apply. 7.3.4.2.2 Mileage shall be measured for the tandem transmission rate elements based on V&H coordinates between the tandem and terminating end office. 7.3.4.2.3 When a Party terminates traffic to a remote switch, tandem transmission rates will be applied for the V & H mileage between the host switch and the remote switch when the identity of each is filed in the NECA 4 Tariff. 7.3.4.2.4 When Qwest receives a unqueried call from CLEC to a number that has been ported to another Qwest central office within the EAS/Local calling area, and Qwest performs the query, mileage sensitive tandem transmission rates will apply which reflect the distance to the end office to which the call has been ported. 7.3.4.2.4.1 To determine the responsible originating carrier of all calls for billing purposes, Qwest and CLEC are required to utilize the Number Portability Administration Center (NPAC) database, or another database that is supported by OBF.