Common use of Facilities Compensation Clause in Contracts

Facilities Compensation. 4.1.1 For Direct Interconnection Facilities, Midcontinent may lease facilities from ILEC in its study area, where available, or lease facilities from a third party to reach the POI. 4.1.2 Each Party shall be responsible for all costs of the Direct Interconnection Facilities on its side of the POI. Each Party is responsible for any transport, transiting, or switching charges assessed by any third party on its respective side of the POI. Neither Party shall have any obligation to bear any charges, expenses or other costs assessed in connection with transporting, transiting or switching traffic on the other Party’s side of the POI. 4.1.3 If Midcontinent chooses to lease Direct Interconnection Facilities from the ILEC to reach the POI, Midcontinent shall compensate ILEC for such leased Direct Interconnection Facilities used to interconnect with ILEC’s network for the transmission and routing of Local/EAS Traffic at the rates contained in the Pricing Attachment of this Agreement. 4.1.4 Midcontinent may use a third party carrier’s facilities for purposes of establishing interconnection with ILEC. In such case, on behalf of Midcontinent, the third party carrier will connect dedicated facilities with ILEC. Midcontinent shall be responsible for the payment to any third party carrier for any charges associated with the facilities. If the third-party is CenturyLink, Midcontinent must order the facilities from CenturyLink as a meet-point facility. In no case shall ILEC be responsible for payment to the third party carrier. 4.1.5 In the event ILEC is required to modify its network to accommodate the interconnection request made by Midcontinent, Midcontinent agrees to pay ILEC reasonable charges for such modifications. If Midcontinent uses a third party network provider to reach the POI, Midcontinent will bear all third party carrier charges for facilities and traffic in both directions on its side of the POI.

Facilities Compensation. 4.1.1 For Direct Interconnection Facilities, Midcontinent CLEC may utilize a Fiber Meet Point, provide is own facilities, lease facilities from ILEC in its study area, where available, or lease facilities from a third party to reach the POI. 4.1.2 Each Party shall be responsible for all costs of the Direct Interconnection Facilities on its side of the POI. Each Party is responsible for any transport, transiting, or switching charges assessed by any third party on its respective side of the POI. Neither Party shall have any obligation to bear any charges, expenses or other costs assessed in connection with transporting, transiting or switching traffic on the other Party’s side of the POI. 4.1.3 If Midcontinent CLEC chooses to lease Direct Interconnection Facilities from the ILEC to reach the POI, Midcontinent CLEC shall compensate ILEC for such leased Direct Interconnection Facilities used to interconnect with ILEC’s ’ network for the transmission and routing of Local/EAS EAS/ISP-Bound Traffic at the rates contained in the Pricing Attachment of this Agreement, subject to the application of relative use principles under 47 C.F.R. 51.709. The Parties agree that relative use principles, and the application of 47 C.F.R. 51.709, will not apply where the Parties have established direct interconnection via fiber meet point arrangements. 4.1.4 Midcontinent CLEC may use a third third-party carrier’s facilities for purposes of establishing interconnection with ILEC. In such case, on behalf of MidcontinentCLEC, the third third- party carrier will connect dedicated facilities with ILEC. Midcontinent CLEC shall be responsible for the payment to any third party carrier for any charges associated with the facilities. If the third-party is CenturyLink, Midcontinent must order the facilities from CenturyLink as a meet-point facility. In no case shall ILEC be responsible for payment to the third party carrier. 4.1.5 In the event ILEC is required carrier or reimbursement to modify its network to accommodate the interconnection request made by Midcontinent, Midcontinent agrees to pay ILEC reasonable charges CLEC for such modifications. If Midcontinent uses a third party network provider to reach Direct Interconnection Facilities on CLEC’s side of the POI. ILEC shall, Midcontinent will bear all third however, be entirely responsible for its use, if any, of the third-party carrier charges for carrier’s facilities and traffic in both directions on its ILEC’ side of the POI.

Facilities Compensation. 4.1.1 For Direct Interconnection Facilities, Midcontinent CLEC may lease facilities from ILEC in its study area, where available, or lease facilities from a third party to reach the POI. 4.1.2 Each Party shall be responsible for all costs of the Direct Interconnection Facilities on its side of the POI. Each Party is responsible for any transport, transiting, or switching charges assessed by any third party on its respective side of the POI. Neither Party shall have any obligation to bear any charges, expenses or other costs assessed in connection with transporting, transiting or switching traffic on the other Party’s side of the POI. 4.1.3 If Midcontinent CLEC chooses to lease Direct Interconnection Facilities from the ILEC to reach the POI, Midcontinent CLEC shall compensate ILEC for such leased Direct Interconnection Facilities used to interconnect with ILEC’s network for the transmission and routing of Local/EAS EAS/ISP-Bound Traffic at the rates contained in the Pricing Attachment of this Agreement. 4.1.4 Midcontinent CLEC may use a third party carrier’s facilities for purposes of establishing interconnection with ILEC. In such case, on behalf of MidcontinentCLEC, the third party carrier will connect dedicated facilities with ILEC. Midcontinent CLEC shall be responsible for the payment to any third party carrier for any charges associated with the facilities. If the third-party is CenturyLink, Midcontinent must order the facilities from CenturyLink as a meet-point facility. In no case shall ILEC be responsible for payment to the third party carrier. 4.1.5 In the event CLEC requests ILEC is required to modify its network in order to accommodate the CLEC’s interconnection request made by Midcontinentwith ILEC, Midcontinent CLEC agrees to pay ILEC reasonable charges all associated costs. Payment terms for such modificationscosts will be negotiated between the Parties on an individual case basis prior to any network modifications by the ILEC. If Midcontinent CLEC uses a third party network provider to reach the POI, Midcontinent CLEC will bear all third party carrier charges for facilities and traffic in both directions on its side of the POI.

Facilities Compensation. 4.1.1 For Direct Interconnection Facilities, Midcontinent CLEC may utilize a Fiber Meet Point, lease facilities from ILEC in its study areaILEC, where available, self-provision or lease facilities from a third party to reach the POI. 4.1.2 Each Party shall be responsible for all costs of the Direct Interconnection Facilities on its side of the POI. Each Party is responsible for any transport, transiting, or switching charges assessed by any third party on its respective side of the POI. Neither Party shall have any obligation to bear any charges, expenses or other costs assessed in connection with transporting, transiting or switching traffic on the other Party’s side of the POI. 4.1.3 If Midcontinent CLEC chooses to lease Direct Interconnection Facilities from the ILEC to reach the POI, Midcontinent CLEC shall compensate ILEC for such leased Direct Interconnection Facilities used to interconnect with ILEC’s network for the transmission and routing of Local/EAS EAS/ISP-Bound Traffic at the rates contained in the Pricing Attachment of this Agreement. 4.1.4 Midcontinent CLEC may use a third party carrier’s facilities or may self-provision facilities for purposes of establishing interconnection with ILEC. In such casecase the CLEC or, on behalf of MidcontinentCLEC, the third party carrier will connect dedicated facilities with ILEC. Midcontinent CLEC shall be responsible for the payment to any third party carrier for any charges associated with the facilities. If the third-party is CenturyLink, Midcontinent must order the facilities from CenturyLink as a meet-point facility. In no case shall ILEC be responsible for payment to the third party carrier. 4.1.5 In the event ILEC is required to modify its network to accommodate the interconnection request made by Midcontinent, Midcontinent agrees to pay ILEC reasonable charges for such modifications. If Midcontinent CLEC uses a third party network provider to reach the POI, Midcontinent CLEC will bear all third party carrier charges for facilities and traffic in both directions on its side of the POI.

Facilities Compensation. 4.1.1 For Direct Interconnection Facilities, Midcontinent CLEC may utilize a Fiber Meet Point, lease facilities from ILEC in its study area, where available, or lease facilities from a third party to reach the POI. 4.1.2 Each Party shall be responsible for all costs of the Direct Interconnection Facilities on its side of the POI. Each Party is responsible for any transport, transiting, or switching charges assessed by any third party on its respective side of the POI. Neither Party shall have any obligation to bear any charges, expenses or other costs assessed in connection with transporting, transiting or switching traffic on the other Party’s side of the POI. 4.1.3 If Midcontinent CLEC chooses to lease Direct Interconnection Facilities from the ILEC to reach the POI, Midcontinent CLEC shall compensate ILEC for such leased Direct Interconnection Facilities used to interconnect with ILEC’s network for the transmission and routing of Local/EAS and ISP-Bound Traffic at the rates contained in the Pricing Attachment of this Agreement. 4.1.4 Midcontinent CLEC may use a third party carrier’s facilities for purposes of establishing interconnection with ILEC. In such case, on behalf of MidcontinentCLEC, the third party carrier will connect dedicated facilities with ILEC. Midcontinent CLEC shall be responsible for the payment to any third party carrier for any charges associated with the facilities. If the third-party is CenturyLink, Midcontinent must order the facilities from CenturyLink as a meet-point facility. In no case shall ILEC be responsible for payment to the third party carrier. 4.1.5 In the event ILEC is required to modify its network to accommodate the interconnection request made by MidcontinentCLEC, Midcontinent CLEC agrees to pay ILEC reasonable charges for such modifications. If Midcontinent CLEC uses a third party network provider to reach the POI, Midcontinent CLEC will bear all third party carrier charges for facilities and traffic in both directions on its side of the POI.

Facilities Compensation. 4.1.1 For Direct Interconnection Facilities, Midcontinent may lease facilities from ILEC in its study area, where available, or lease facilities from a third party to reach the POI. 4.1.2 Each Party shall be responsible for all costs of the Direct Interconnection Facilities on its side of the POI. Each Party is responsible for any transport, transiting, or switching charges assessed by any third party on its respective side of the POI. Neither Party shall have any obligation to bear any charges, expenses or other costs assessed in connection with transporting, transiting or switching traffic on the other Party’s side of the POI. 4.1.3 If Midcontinent chooses to lease Direct Interconnection Facilities from the ILEC to reach the POI, Midcontinent shall compensate ILEC for such leased Direct Interconnection Facilities used to interconnect with ILEC’s network for the transmission and routing of Local/EAS Traffic at the rates contained in the Pricing Attachment of this Agreement. 4.1.4 Midcontinent may use a third party carrier’s facilities for purposes of establishing interconnection with the ILEC. In such case, on behalf of Midcontinent, the third party carrier will connect dedicated facilities with the ILEC. Midcontinent shall be responsible for the payment to any third party carrier for any charges associated with the facilities. If the third-party is CenturyLink, Midcontinent must order the facilities from CenturyLink as a meet-point facility. In no case shall the ILEC be responsible for payment to the third third-party carrier. 4.1.5 In the event the ILEC is required to modify its network to accommodate the interconnection request made by Midcontinent, Midcontinent agrees to pay the ILEC reasonable charges for such modifications. If Midcontinent uses a third party network provider to reach the POI, Midcontinent will bear all third party carrier charges for facilities and traffic in both directions on its side of the POI.

Facilities Compensation. 4.1.1 For Direct Interconnection Facilities, Midcontinent Bresnan may utilize a its own facilities, lease facilities from ILEC in its study area, where available, UBET or lease facilities from a third party to reach the POI. 4.1.2 Each Party shall be responsible for all costs of the Direct Interconnection Facilities on its side of the POI. Each Party is responsible for any transport, transiting, or switching charges assessed by any third party on its respective side of the POI. Neither Party shall have any obligation to bear any charges, expenses or other costs assessed in connection with transporting, transiting or switching traffic on the other Party’s side of the POI. 4.1.3 If Midcontinent Xxxxxxx chooses to lease Direct Interconnection Facilities from the ILEC UBET to reach the POI, Midcontinent Bresnan shall compensate ILEC UBET for such leased Direct Interconnection Facilities used to interconnect with ILECUBET’s network for the transmission and routing of Local/Local Traffic, EAS Traffic and ISP-Bound Traffic at the rates contained in the Pricing Attachment of this Agreement. 4.1.4 Midcontinent may use a third party carrier’s facilities for purposes of establishing interconnection with ILEC. In such case, on behalf of Midcontinent, the third party carrier will connect dedicated facilities with ILEC. Midcontinent shall be responsible for the payment to any third party carrier for any charges associated with the facilities. If the third-party is CenturyLink, Midcontinent must order the facilities from CenturyLink as a meet-point facility. In no case shall ILEC be responsible for payment to the third party carrier. 4.1.5 In the event ILEC UBET is required to modify its network to accommodate the interconnection request made by MidcontinentXxxxxxx, Midcontinent Xxxxxxx agrees to pay ILEC UBET reasonable charges for such modifications. If Midcontinent Xxxxxxx uses a third party network provider to reach the POI, Midcontinent Xxxxxxx will bear all third party carrier charges for facilities and traffic in both directions on its side of the POI. Bresnan may utilize said third party facilities to establish interconnection with UBET only if the third party facilities are dedicated facilities used only for Bresnan’s traffic under this Agreement and such facilities connect with UBET at the POI.

Facilities Compensation. 4.1.1 3.1.1. For Direct Interconnection Facilities, Midcontinent CLEC may utilize a Meet Point and lease facilities from ILEC in its study area, where available, or lease facilities from a third party to reach the POI. 4.1.2 3.1.2. Each Party shall be responsible for all costs of the Direct Interconnection Facilities on its side of the POI. Each Party is responsible for any transport, transiting, or switching charges assessed by any third party on its respective side of the POI. Neither Party shall have any obligation to bear any charges, expenses or other costs assessed in connection with transporting, transiting or switching traffic on the other Party’s side of the POI. 4.1.3 3.1.3. If Midcontinent CLEC chooses to lease Direct Interconnection Facilities from the ILEC to reach the POI, Midcontinent CLEC shall compensate ILEC for such leased Direct Interconnection Facilities used to interconnect with ILEC’s network for the transmission and routing of Local/EAS Local Traffic at the rates contained in the Pricing Attachment of this Agreement. 4.1.4 Midcontinent 3.1.4. CLEC may use a third party carrier’s facilities for purposes of establishing interconnection with ILEC. In such case, on behalf of MidcontinentCLEC, the third party carrier will connect dedicated facilities with ILEC. Midcontinent CLEC shall be responsible for the payment to any third party carrier for any charges associated with the facilities. If the third-party is CenturyLink, Midcontinent CLEC must order the facilities from CenturyLink as a meet-point facility. In no case shall ILEC be responsible for payment to the third party carrier. 4.1.5 3.1.5. In the event ILEC is required to modify its network to accommodate the direct interconnection request made by Midcontinentof CLEC, Midcontinent CLEC agrees to pay ILEC reasonable charges for such modifications. If Midcontinent CLEC uses a third party network provider to reach the POI, Midcontinent CLEC will bear all third party carrier charges for facilities and traffic in both directions on its side of the POI.