Common use of Identification of Toll VoIP Traffic Clause in Contracts

Identification of Toll VoIP Traffic. 7.1 Toll VoIP Traffic is defined as traffic exchanged over the public switched telephone network (“PSTN”) facilities that originates and/or terminates in Internet protocol (“IP”) format. This section governs the identification and compensation of Toll VoIP Traffic that will be subject to interstate switched access rates in accordance with the Federal Communications Commission Report and Order in WC Docket Nos. 10-90, etc., FCC Release No. 11-161 (Nov. 18, 2011) (“FCC Order”) as it may hereinafter be amended or clarified. Specifically, this section establishes the method of distinguishing Toll VoIP Traffic from the XxXxxx’x total intrastate access traffic, so that Toll VoIP Traffic will be billed in accordance with the FCC Order. 7.2 Windstream will xxxx toll VoIP-PSTN traffic which it identifies in accordance with this Attachment at rates equal to Windstream’s applicable tariffed interstate switched access rates. 7.3 Windstream will determine the number of Toll VoIP Traffic minutes of use (“TVMOU”) to which it will apply its interstate rates under section 7.2, above, by applying an originating Percent VoIP Usage (“OPVU”) factor to the total intrastate access MOU originated by a Windstream end user and delivered to XxXxxx and by applying a terminating PVU (“TPVU”) factor to the total intrastate access MOU terminated by XxXxxx to Windstream’s end users. The OPVU and TPVU will be derived and applied as follows: 7.3.1 Windstream will calculate and implement an OPVU factor representing a whole number percentage based on total traffic originated by Windstream end users in IP format and delivered to the customer in the State divided by Windstream’s total originated intrastate access MOU delivered to the XxXxxx in the State. 7.3.2 XxXxxx will calculate and furnish to Windstream a TPVU factor, along with supporting documentation, representing the whole number percentage of the customer’s total terminating intrastate access MOU that XxXxxx exchanges with Windstream in the State that is sent to Windstream and originated in IP format. 7.3.3 The TPVU and supporting documentation shall be based on information that is verifiable by Windstream including but not limited to the number of XxXxxx’x retail VoIP subscriptions in the state (e.g., as reported on FCC Form 477), traffic studies, actual call detail, or other relevant and verifiable information. XxXxxx shall not modify its reported PIU factor to account for Toll VoIP Traffic After Windstream verifies the TPVU provided by XxXxxx, Windstream will apply the TPVU factor to the associated terminating intrastate access MOU as indicated in Sections 7.3.3.1 and/or 7.3.3.2 below. 7.3.3.1 In the event that Windstream can not verify XxXxxx’x TPVU, Windstream will request additional information to support the TPVU, during this time no changes will be made to the existing TPVU. XxXxxx shall supply the requested additional information within 15 days of Windstream’s request or no changes will be made to the existing TPVU. If after review of the additional information, XxXxxx and Windstream establish a revised and mutually agreed upon TPVU factor,Windstream will begin using the new factor with the next xxxx period. 7.3.3.2 If the dispute is unresolved, XxXxxx may request that verification audits be conducted by an independent auditor, at XxXxxx’x sole expense. During the audit, the most recent undisputed TPVU factor will be used by Windstream. 7.3.4 In calculating the initial OPVU and TPVU factor(s), Windstream will take the factor(s) provided by XxXxxx and/or developed by Windstream into account retroactively to the effective date of this Agreement, provided that the factor(s) and supporting documentation are provided as specified in subsection 7.3.3 above to Windstream no later than 15 days after the effective date of this Agreement. If XxXxxx does not furnish Windstream with a TPVU factor pursuant to the preceding subsection 7.3.3, the initial factor will be zero. 7.3.5 XxXxxx may update the TPVU factor and request Windstream update the OPVU factor semi-annually using the method set forth in this Attachment. If XxXxxx chooses to submit such updates and requests, it shall forward to Windstream, no later than 15 days after the first day of January and/or July of each year, a revised TPVU factor and supporting documentation based on data for the prior three months, ending the last day of December and/or June, respectively. Once verified by Windstream the revised TPVU factor along with the revised Windstream developed OPVU will apply prospectively and serve as the basis for billing until superseded by a new verified factor.

Identification of Toll VoIP Traffic. 7.1 Toll VoIP Traffic is defined as traffic exchanged over the public switched telephone network (“PSTN”) facilities that originates and/or terminates in Internet protocol (“IP”) format. This section governs the identification and compensation of Toll VoIP Traffic that will be subject to interstate switched access rates in accordance with the Federal Communications Commission Report and Order in WC Docket Nos. 10-90, etc., FCC Release No. 11-161 (Nov. 18, 2011) (“FCC Order”) as it may hereinafter be amended or clarified. Specifically, this section establishes the method of distinguishing Toll VoIP Traffic from the XxXxxx’x Alliance Connect’s total intrastate access traffic, so that Toll VoIP Traffic will be billed in accordance with the FCC Order. 7.2 Windstream will xxxx toll VoIP-PSTN traffic which it identifies in accordance with this Attachment at rates equal to Windstream’s applicable tariffed interstate switched access rates. 7.3 Windstream will determine the number of Toll VoIP Traffic minutes of use (“TVMOU”) to which it will apply its interstate rates under section 7.2, above, by applying an originating Percent VoIP Usage (“OPVU”) factor to the total intrastate access MOU originated by a Windstream end user and delivered to XxXxxx Alliance Connect and by applying a terminating PVU (“TPVU”) factor to the total intrastate access MOU terminated by XxXxxx Alliance Connect to Windstream’s end users. The OPVU and TPVU will be derived and applied as follows: 7.3.1 Windstream will calculate and implement an OPVU factor representing a whole number percentage based on total traffic originated by Windstream end users in IP format and delivered to the customer in the State divided by Windstream’s total originated intrastate access MOU delivered to the XxXxxx Alliance Connect in the State. 7.3.2 XxXxxx Alliance Connect will calculate and furnish to Windstream a TPVU factor, along with supporting documentation, representing the whole number percentage of the customer’s total terminating intrastate access MOU that XxXxxx Alliance Connect exchanges with Windstream in the State that is sent to Windstream and originated in IP format. 7.3.3 The TPVU and supporting documentation shall be based on information that is verifiable by Windstream including but not limited to the number of XxXxxx’x Alliance Connect’s retail VoIP subscriptions in the state (e.g., as reported on FCC Form 477), traffic studies, actual call detail, or other relevant and verifiable information. XxXxxx Alliance Connect shall not modify its reported PIU factor to account for Toll VoIP Traffic After Windstream verifies the TPVU provided by XxXxxxAlliance Connect, Windstream will apply the TPVU factor to the associated terminating intrastate access MOU as indicated in Sections 7.3.3.1 and/or 7.3.3.2 below. 7.3.3.1 In the event that Windstream can not verify XxXxxx’x TPVU, Windstream will request additional information to support the TPVU, during this time no changes will be made to the existing TPVU. XxXxxx shall supply the requested additional information within 15 days of Windstream’s request or no changes will be made to the existing TPVU. If after review of the additional information, XxXxxx and Windstream establish a revised and mutually agreed upon TPVU factor,Windstream will begin using the new factor with the next xxxx period. 7.3.3.2 If the dispute is unresolved, XxXxxx may request that verification audits be conducted by an independent auditor, at XxXxxx’x sole expense. During the audit, the most recent undisputed TPVU factor will be used by Windstream. 7.3.4 In calculating the initial OPVU and TPVU factor(s), Windstream will take the factor(s) provided by XxXxxx and/or developed by Windstream into account retroactively to the effective date of this Agreement, provided that the factor(s) and supporting documentation are provided as specified in subsection 7.3.3 above to Windstream no later than 15 days after the effective date of this Agreement. If XxXxxx does not furnish Windstream with a TPVU factor pursuant to the preceding subsection 7.3.3, the initial factor will be zero. 7.3.5 XxXxxx may update the TPVU factor and request Windstream update the OPVU factor semi-annually using the method set forth in this Attachment. If XxXxxx chooses to submit such updates and requests, it shall forward to Windstream, no later than 15 days after the first day of January and/or July of each year, a revised TPVU factor and supporting documentation based on data for the prior three months, ending the last day of December and/or June, respectively. Once verified by Windstream the revised TPVU factor along with the revised Windstream developed OPVU will apply prospectively and serve as the basis for billing until superseded by a new verified factor.and/or

Identification of Toll VoIP Traffic. 7.1 Toll VoIP Traffic is defined as traffic exchanged over the public switched telephone network (“PSTN”) facilities that originates and/or terminates in Internet protocol (“IP”) format. This section governs the identification and compensation of Toll VoIP Traffic that will be subject to interstate switched access rates in accordance with the Federal Communications Commission Report and Order in WC Docket Nos. 10-90, etc., FCC Release No. 11-161 (Nov. 18, 2011) (“FCC Order”) as it may hereinafter be amended or clarified. Specifically, this section establishes the method of distinguishing Toll VoIP Traffic from the XxXxxx’x Service Electric’s total intrastate access traffic, so that Toll VoIP Traffic will be billed in accordance with the FCC Order. 7.2 Windstream Each Party will xxxx toll VoIP-PSTN traffic which it identifies in accordance with this Attachment at rates equal to Windstream’s that Party's applicable tariffed interstate switched access rates. 7.3 Windstream will determine the number of Toll VoIP Traffic minutes of use (“TVMOU”) to which it will apply its interstate rates under section 7.2, above, by applying an originating Percent VoIP Usage (“OPVU”) factor to the total intrastate access MOU originated by a Windstream end user and delivered to XxXxxx Service Electric and by applying a terminating PVU (“TPVU”) factor to the total intrastate access MOU terminated by XxXxxx Service Electric to Windstream’s end users. The OPVU and TPVU will be derived and applied as follows: 7.3.1 Windstream will calculate and implement an OPVU factor representing a whole number percentage based on total traffic originated by Windstream end users in IP format and delivered to the customer in the State divided by Windstream’s total originated intrastate access MOU delivered to the XxXxxx Service Electric in the State. 7.3.2 XxXxxx Service Electric will calculate and furnish to Windstream a TPVU factor, along with supporting documentation, representing the whole number percentage of the customer’s total terminating intrastate access MOU that XxXxxx Service Electric exchanges with Windstream in the State that is sent to Windstream and originated in IP format. 7.3.3 The TPVU and supporting documentation shall be based on information that is verifiable by Windstream including but not limited to the number of XxXxxx’x Service Electric’s retail VoIP subscriptions in the state (e.g., as reported on FCC Form 477), traffic studies, actual call detail, or other relevant and verifiable information. XxXxxx Service Electric shall not modify its reported PIU factor to account for Toll VoIP Traffic After Windstream verifies the TPVU provided by XxXxxxService Electric, Windstream will apply the TPVU factor to the associated terminating intrastate access MOU as indicated in Sections 7.3.3.1 and/or 7.3.3.2 below. 7.3.3.1 In the event that Windstream can not verify XxXxxx’x Service Electric’s TPVU, Windstream will request additional information to support the TPVU, during this time no changes will be made to the existing TPVU. XxXxxx Service Electric shall supply the requested additional information within 15 days of Windstream’s request or no changes will be made to the existing TPVU. If after review of the additional information, XxXxxx Service Electric and Windstream establish a revised and mutually agreed upon TPVU factor,, Windstream will begin using the new factor with the next xxxx period. 7.3.3.2 If the dispute is unresolved, XxXxxx Service Electric may request that verification audits be conducted by an independent auditor, at XxXxxx’x Service Electric’s sole expense. During the audit, the most recent undisputed TPVU factor will be used by Windstream. 7.3.4 In calculating the initial OPVU and TPVU factor(s), Windstream will take the factor(s) provided by XxXxxx Service Electric and/or developed by Windstream into account retroactively to the effective date of this Agreement, provided that the factor(s) and supporting documentation are provided as specified in subsection 7.3.3 above to Windstream no later than 15 days after the effective date of this Agreement. If XxXxxx Service Electric does not furnish Windstream with a TPVU factor pursuant to the preceding subsection 7.3.3, the initial factor will be zero. 7.3.5 XxXxxx Service Electric may update the TPVU factor and request Windstream update the OPVU factor semi-annually using the method set forth in this Attachment. If XxXxxx Service Electric chooses to submit such updates and requests, it shall forward to Windstream, no later than 15 days after the first day of January and/or July of each year, a revised TPVU factor and supporting documentation based on data for the prior three months, ending the last day of December and/or June, respectively. Once verified by Windstream the revised TPVU factor along with the revised Windstream developed OPVU will apply prospectively and serve as the basis for billing until superseded by a new verified factor.

Identification of Toll VoIP Traffic. 7.1 Toll VoIP Traffic is defined as traffic exchanged over the public switched telephone network (“PSTN”) facilities that originates and/or terminates in Internet protocol (“IP”) format. This section governs the identification and compensation of Toll VoIP Traffic that will be subject to interstate switched access rates in accordance with the Federal Communications Commission Report and Order in WC Docket Nos. 10-90, etc., FCC Release No. 11-161 (Nov. 18, 2011) (“FCC Order”) as it may hereinafter be amended or clarified. Specifically, this section establishes the method of distinguishing Toll VoIP Traffic from the XxXxxx’x Allo Communications’ total intrastate access traffic, so that Toll VoIP Traffic will be billed in accordance with the FCC Order. 7.2 Windstream will xxxx toll VoIP-PSTN traffic which it identifies in accordance with this Attachment at rates equal to Windstream’s applicable tariffed interstate switched access rates. 7.3 Windstream will determine the number of Toll VoIP Traffic minutes of use (“TVMOU”) to which it will apply its interstate rates under section 7.2, above, by applying an originating Percent VoIP Usage (“OPVU”) factor to the total intrastate access MOU originated by a Windstream end user and delivered to XxXxxx Allo Communications and by applying a terminating PVU (“TPVU”) factor to the total intrastate access MOU terminated by XxXxxx Allo Communications to Windstream’s end users. The OPVU and TPVU will be derived and applied as follows: 7.3.1 Windstream will calculate and implement an OPVU factor representing a whole number percentage based on total traffic originated by Windstream end users in IP format and delivered to the customer in the State divided by Windstream’s total originated intrastate access MOU delivered to the XxXxxx Allo Communications in the State. 7.3.2 XxXxxx Allo Communications will calculate and furnish to Windstream a TPVU factor, along with supporting documentation, representing the whole number percentage of the customer’s total terminating intrastate access MOU that XxXxxx Allo Communications exchanges with Windstream in the State that is sent to Windstream and originated in IP format. 7.3.3 The TPVU and supporting documentation shall be based on information that is verifiable by Windstream including but not limited to the number of XxXxxx’x Allo Communications’ retail VoIP subscriptions in the state (e.g., as reported on FCC Form 477), traffic studies, actual call detail, or other relevant and verifiable information. XxXxxx Allo Communications shall not modify its reported PIU factor to account for Toll VoIP Traffic After Windstream verifies the TPVU provided by XxXxxxAllo Communications, Windstream will apply the TPVU factor to the associated terminating intrastate access MOU as indicated in Sections 7.3.3.1 and/or 7.3.3.2 below. 7.3.3.1 In the event that Windstream can not verify XxXxxx’x TPVU, Windstream will request additional information to support the TPVU, during this time no changes will be made to the existing TPVU. XxXxxx shall supply the requested additional information within 15 days of Windstream’s request or no changes will be made to the existing TPVU. If after review of the additional information, XxXxxx and Windstream establish a revised and mutually agreed upon TPVU factor,Windstream will begin using the new factor with the next xxxx period. 7.3.3.2 If the dispute is unresolved, XxXxxx may request that verification audits be conducted by an independent auditor, at XxXxxx’x sole expense. During the audit, the most recent undisputed TPVU factor will be used by Windstream. 7.3.4 In calculating the initial OPVU and TPVU factor(s), Windstream will take the factor(s) provided by XxXxxx and/or developed by Windstream into account retroactively to the effective date of this Agreement, provided that the factor(s) and supporting documentation are provided as specified in subsection 7.3.3 above to Windstream no later than 15 days after the effective date of this Agreement. If XxXxxx does not furnish Windstream with a TPVU factor pursuant to the preceding subsection 7.3.3, the initial factor will be zero. 7.3.5 XxXxxx may update the TPVU factor and request Windstream update the OPVU factor semi-annually using the method set forth in this Attachment. If XxXxxx chooses to submit such updates and requests, it shall forward to Windstream, no later than 15 days after the first day of January and/or July of each year, a revised TPVU factor and supporting documentation based on data for the prior three months, ending the last day of December and/or June, respectively. Once verified by Windstream the revised TPVU factor along with the revised Windstream developed OPVU will apply prospectively and serve as the basis for billing until superseded by a new verified factor.

Identification of Toll VoIP Traffic. 7.1 Toll VoIP Traffic is defined as traffic exchanged over the public switched telephone network (“PSTN”) facilities that originates and/or terminates in Internet protocol (“IP”) format. This section governs the identification and compensation of Toll VoIP Traffic that will be subject to interstate switched access rates in accordance with the Federal Communications Commission Report and Order in WC Docket Nos. 10-90, etc., FCC Release No. 11-161 (Nov. 18, 2011) (“FCC Order”) as it may hereinafter be amended or clarified. Specifically, this section establishes the method of distinguishing Toll VoIP Traffic from the XxXxxx’x NebraskaLink’ total intrastate access traffic, so that Toll VoIP Traffic will be billed in accordance with the FCC Order. 7.2 Windstream will xxxx toll VoIP-PSTN traffic which it identifies in accordance with this Attachment at rates equal to Windstream’s applicable tariffed interstate switched access rates. 7.3 Windstream will determine the number of Toll VoIP Traffic minutes of use (“TVMOU”) to which it will apply its interstate rates under section 7.2, above, by applying an originating Percent VoIP Usage (“OPVU”) factor to the total intrastate access MOU originated by a Windstream end user and delivered to XxXxxx NebraskaLink and by applying a terminating PVU (“TPVU”) factor to the total intrastate access MOU terminated by XxXxxx NebraskaLink to Windstream’s end users. The OPVU and TPVU will be derived and applied as follows: 7.3.1 Windstream will calculate and implement an OPVU factor representing a whole number percentage based on total traffic originated by Windstream end users in IP format and delivered to the customer in the State divided by Windstream’s total originated intrastate access MOU delivered to the XxXxxx NebraskaLink in the State. 7.3.2 XxXxxx NebraskaLink will calculate and furnish to Windstream a TPVU factor, along with supporting documentation, representing the whole number percentage of the customer’s total terminating intrastate access MOU that XxXxxx NebraskaLink exchanges with Windstream in the State that is sent to Windstream and originated in IP format. 7.3.3 The TPVU and supporting documentation shall be based on information that is verifiable by Windstream including but not limited to the number of XxXxxx’x NebraskaLink’ retail VoIP subscriptions in the state (e.g., as reported on FCC Form 477), traffic studies, actual call detail, or other relevant and verifiable information. XxXxxx NebraskaLink shall not modify its reported PIU factor to account for Toll VoIP Traffic After Windstream verifies the TPVU provided by XxXxxxNebraskaLink, Windstream will apply the TPVU factor to the associated terminating intrastate access MOU as indicated in Sections 7.3.3.1 and/or 7.3.3.2 below. 7.3.3.1 In the event that Windstream can not verify XxXxxx’x NebraskaLink’ TPVU, Windstream will request additional information to support the TPVU, during this time no changes will be made to the existing TPVU. XxXxxx NebraskaLink shall supply the requested additional information within DocuSign Envelope ID: 7D95C603-9B13-415A-8896-DE487D77824D 15 days of Windstream’s request or no changes will be made to the existing TPVU. If after review of the additional information, XxXxxx NebraskaLink and Windstream establish a revised and mutually agreed upon TPVU factor,Windstream will begin using the new factor with the next xxxx period. 7.3.3.2 If the dispute is unresolved, XxXxxx NebraskaLink may request that verification audits be conducted by an independent auditor, at XxXxxx’x NebraskaLink’ sole expense. During the audit, the most recent undisputed TPVU factor will be used by Windstream. 7.3.4 In calculating the initial OPVU and TPVU factor(s), Windstream will take the factor(s) provided by XxXxxx NebraskaLink and/or developed by Windstream into account retroactively to the effective date of this Agreement, provided that the factor(s) and supporting documentation are provided as specified in subsection 7.3.3 above to Windstream no later than 15 days after the effective date of this Agreement. If XxXxxx NebraskaLink does not furnish Windstream with a TPVU factor pursuant to the preceding subsection 7.3.3, the initial factor will be zero. 7.3.5 XxXxxx NebraskaLink may update the TPVU factor and request Windstream update the OPVU factor semi-annually using the method set forth in this Attachment. If XxXxxx NebraskaLink chooses to submit such updates and requests, it shall forward to Windstream, no later than 15 days after the first day of January and/or July of each year, a revised TPVU factor and supporting documentation based on data for the prior three months, ending the last day of December and/or June, respectively. Once verified by Windstream the revised TPVU factor along with the revised Windstream developed OPVU will apply prospectively and serve as the basis for billing until superseded by a new verified factor.

Identification of Toll VoIP Traffic. 7.1 Toll VoIP Traffic is defined as traffic exchanged over the public switched telephone network (“PSTN”) facilities that originates and/or terminates in Internet protocol (“IP”) format. This section governs the identification and compensation of Toll VoIP Traffic that will be subject to interstate switched access rates in accordance with the Federal Communications Commission Report and Order in WC Docket Nos. 10-90, etc., FCC Release No. 11-161 (Nov. 18, 2011) (“FCC Order”) as it may hereinafter be amended or clarified. Specifically, this section establishes the method of distinguishing Toll VoIP Traffic from the XxXxxx’x Dialog Telecommunications’s total intrastate access traffic, so that Toll VoIP Traffic will be billed in accordance with the FCC Order. 7.2 Windstream will xxxx bill toll VoIP-PSTN traffic which it identifies in accordance with this Attachment at rates equal to Windstream’s applicable tariffed interstate switched access rates. 7.3 Windstream will determine the number of Toll VoIP Traffic minutes of use (“TVMOU”) to which it will apply its interstate rates under section 7.2, above, by applying an originating Percent VoIP Usage (“OPVU”) factor to the total intrastate access MOU originated by a Windstream end user and delivered to XxXxxx Dialog Telecommunications and by applying a terminating PVU (“TPVU”) factor to the total intrastate access MOU terminated by XxXxxx Dialog Telecommunications to Windstream’s end users. The OPVU and TPVU will be derived and applied as follows: 7.3.1 Windstream will calculate and implement an OPVU factor representing a whole number percentage based on total traffic originated by Windstream end users in IP format and delivered to the customer in the State divided by Windstream’s total originated intrastate access MOU delivered to the XxXxxx Dialog Telecommunications in the State. 7.3.2 XxXxxx Dialog Telecommunications will calculate and furnish to Windstream a TPVU factor, along with supporting documentation, representing the whole number percentage of the customer’s total terminating intrastate access MOU that XxXxxx Dialog Telecommunications exchanges with Windstream in the State that is sent to Windstream and originated in IP format. 7.3.3 The TPVU and supporting documentation shall be based on information that is verifiable by Windstream including but not limited to the number of XxXxxx’x Dialog Telecommunications’s retail VoIP subscriptions in the state (e.g., as reported on FCC Form 477), traffic studies, actual call detail, or other relevant and verifiable information. XxXxxx Dialog Telecommunications shall not modify its reported PIU factor to account for Toll VoIP Traffic After after Windstream verifies the TPVU provided by XxXxxxDialog Telecommunications, Windstream will apply the TPVU factor to the associated terminating intrastate access MOU as indicated in Sections 7.3.3.1 and/or 7.3.3.2 below. 7.3.3.1 In the event that Windstream can not verify XxXxxx’x Dialog Telecommunications’s TPVU, Windstream will request additional information to support the TPVU, during this time no changes will be made to the existing TPVU. XxXxxx Dialog Telecommunications shall supply the requested additional information within 15 days of Windstream’s request or no changes will be made to the existing TPVU. If after review of the additional information, XxXxxx Dialog Telecommunications and Windstream establish a revised and mutually agreed upon TPVU factor,Windstream will begin using the new factor with the next xxxx bill period. 7.3.3.2 If the dispute is unresolved, XxXxxx Dialog Telecommunications may request that verification audits be conducted by an independent auditor, at XxXxxx’x Dialog Telecommunications’s sole expense. During the audit, the most recent undisputed TPVU factor will be used by Windstream. 7.3.4 In calculating the initial OPVU and TPVU factor(s), Windstream will take the factor(s) provided by XxXxxx Dialog Telecommunications and/or developed by Windstream into account retroactively to the effective date of this Agreement, provided that the factor(s) and supporting documentation are provided as specified in subsection 7.3.3 above to Windstream no later than 15 days after the effective date of this Agreement. If XxXxxx Dialog Telecommunications does not furnish Windstream with a TPVU factor pursuant to the preceding subsection 7.3.3, the initial factor will be zero. 7.3.5 XxXxxx Dialog Telecommunications may update the TPVU factor and request Windstream update the OPVU factor semi-annually using the method set forth in this Attachment. If XxXxxx Dialog Telecommunications chooses to submit such updates and requests, it shall forward to Windstream, no later than 15 days after the first day of January and/or July of each year, a revised TPVU factor and supporting documentation based on data for the prior three months, ending the last day of December and/or June, respectively. Once verified by Windstream the revised TPVU factor along with the revised Windstream developed OPVU will apply prospectively and serve as the basis for billing until superseded by a new verified factor.

Identification of Toll VoIP Traffic. 7.1 Toll VoIP Traffic is defined as traffic exchanged over the public switched telephone network (“PSTN”) facilities that originates and/or terminates in Internet protocol (“IP”) format. This section governs the identification and compensation of Toll VoIP Traffic that will be subject to interstate switched access rates in accordance with the Federal Communications Commission Report and Order in WC Docket Nos. 10-90, etc., FCC Release No. 11-161 (Nov. 18, 2011) (“FCC Order”) as it may hereinafter be amended or clarified. Specifically, this section establishes the method of distinguishing Toll VoIP Traffic from the XxXxxx’x Broadview’s total intrastate access traffic, so that Toll VoIP Traffic will be billed in accordance with the FCC Order. 7.2 Windstream will xxxx toll VoIP-PSTN traffic which it identifies in accordance with this Attachment at rates equal to Windstream’s applicable tariffed interstate switched access rates. 7.3 Windstream will determine the number of Toll VoIP Traffic minutes of use (“TVMOU”) to which it will apply its interstate rates under section 7.2, above, by applying an originating Percent VoIP Usage (“OPVU”) factor to the total intrastate access MOU originated by a Windstream end user and delivered to XxXxxx Broadview and by applying a terminating PVU (“TPVU”) factor to the total intrastate access MOU terminated by XxXxxx Broadview to Windstream’s end users. The OPVU and TPVU will be derived and applied as follows: 7.3.1 Windstream will calculate and implement an OPVU factor representing a whole number percentage based on total traffic originated by Windstream end users in IP format and delivered to the customer in the State divided by Windstream’s total originated intrastate access MOU delivered to the XxXxxx Broadview in the State. 7.3.2 XxXxxx Broadview will calculate and furnish to Windstream a TPVU factor, along with supporting documentation, representing the whole number percentage of the customer’s total terminating intrastate access MOU that XxXxxx Broadview exchanges with Windstream in the State that is sent to Windstream and originated in IP format. 7.3.3 The TPVU and supporting documentation shall be based on information that is verifiable by Windstream including but not limited to the number of XxXxxx’x Broadview’s retail VoIP subscriptions in the state (e.g., as reported on FCC Form 477), traffic studies, actual call detail, or other relevant and verifiable information. XxXxxx Broadview shall not modify its reported PIU factor to account for Toll VoIP Traffic After Windstream verifies the TPVU provided by XxXxxxBroadview, Windstream will apply the TPVU factor to the associated terminating intrastate access MOU as indicated in Sections 7.3.3.1 and/or 7.3.3.2 below. 7.3.3.1 In the event that Windstream can not verify XxXxxx’x Broadview’s TPVU, Windstream will request additional information to support the TPVU, during this time no changes will be made to the existing TPVU. XxXxxx Broadview shall supply the requested additional information within 15 days of Windstream’s request or no changes will be made to the existing TPVU. If after review of the additional information, XxXxxx Broadview and Windstream establish a revised and mutually agreed upon TPVU factor,Windstream will begin using the new factor with the next xxxx period. 7.3.3.2 If the dispute is unresolved, XxXxxx Broadview may request that verification audits be conducted by an independent auditor, at XxXxxx’x Broadview’s sole expense. During the audit, the most recent undisputed TPVU factor will be used by Windstream. 7.3.4 In calculating the initial OPVU and TPVU factor(s), Windstream will take the factor(s) provided by XxXxxx Broadview and/or developed by Windstream into account retroactively to the effective date of this Agreement, provided that the factor(s) and supporting documentation are provided as specified in subsection 7.3.3 above to Windstream no later than 15 days after the effective date of this Agreement. If XxXxxx Broadview does not furnish Windstream with a TPVU factor pursuant to the preceding subsection 7.3.3, the initial factor will be zero. 7.3.5 XxXxxx Broadview may update the TPVU factor and request Windstream update the OPVU factor semi-annually using the method set forth in this Attachment. If XxXxxx Broadview chooses to submit such updates and requests, it shall forward to Windstream, no later than 15 days after the first day of January and/or July of each year, a revised TPVU factor and supporting documentation based on data for the prior three months, ending the last day of December and/or June, respectively. Once verified by Windstream the revised TPVU factor along with the revised Windstream developed OPVU will apply prospectively and serve as the basis for billing until superseded by a new verified factor.