Common use of Initial Forecasts/Trunking Requirements Clause in Contracts

Initial Forecasts/Trunking Requirements. Because BA’s trunking requirements will, at least during an initial period, be dependent on the customer segments and service segments within customer segments to whom TCG decides to market its services, BA will be largely dependent on TCG to provide accurate trunk forecasts for both inbound (from BA) and outbound (from TCG) traffic. BA will, as an initial matter and upon request, provide the same number of trunks to terminate local traffic to TCG as TCG provides to terminate local traffic to BA, unless TCG expressly identifies particular situations that are expected to produce traffic that is substantially skewed in either the inbound or outbound direction, in which case BA will provide the number of trunks TCG suggests. Upon the establishment of any new set of trunks for traffic from BA to TCG, BA will monitor traffic for ninety (90) days, and will, as necessary at the end of that period, either augment trunks or disconnect trunks, based on the application of reasonable engineering criteria to the actual traffic volume experienced. If, after such initial 90-day period, BA has determined that any trunks in excess of four (4) T-1s are not warranted by actual traffic volumes, then, on ten (10) days’ written notice, BA may hold TCG financially responsible for such trunks (up to the Tariffed recurring and non-recurring rates therefor) in excess of four (4) T-1s retroactive to the start of the 90-day period until such time as they are justified by actual traffic volumes, based on the application of reasonable engineering criteria. Similarly, in the event TCG’s subsequent forecasts result in BA’s provision of trunks that are not warranted by actual traffic volumes over the 90-day period immediately following such forecast, BA may hold TCG financially responsible for all such unwarranted trunks (up to the Tariffed recurring and non-recurring rates therefor) retroactive to the start of the 90-day period until such time as they are justified by actual traffic volumes, based on the application of reasonable engineering criteria. In the event, however, BA establishes trunks that are fewer than the number of trunks suggested by TCG in the relevant and timely quarterly forecast and such failure results in a shortage of trunk capacity to handle the ensuing traffic from BA to TCG, BA shall not hold TCG financially responsible for any unwarranted trunks in the following quarter up to the number of forecasted but non-provisioned trunks that were warranted by actual traffic volume during the preceding quarter. To the extent that BA requires TCG to install trunks for delivery of traffic to BA, TCG may apply the same procedures with respect to BA’s trunking requirements.

Initial Forecasts/Trunking Requirements. Because BA’s trunking requirements will, at least during an initial period, be dependent on the customer segments and service segments within customer segments to whom TCG ICI decides to market its services, BA will be largely dependent on TCG ICI to provide accurate trunk forecasts for both inbound (from BA) and outbound (from TCGICI) traffic. BA will, as an initial matter and upon request, provide the same number of trunks to terminate local traffic to TCG ICI as TCG ICI provides to terminate local traffic to BA, unless TCG ICI expressly identifies particular situations that are expected to produce traffic that is substantially skewed in either the inbound or outbound direction, in which case BA will provide the number of trunks TCG ICI suggests; provided, however, that in all cases BA’s provision of the forecasted number of trunks to ICI is conditioned on the following: that such forecast is based on reasonable engineering criteria, there are no capacity constraints, and ICI’s previous forecasts have proven to be reliable and accurate. Upon the establishment of any new set of trunks for traffic from BA to TCGICI, BA will monitor traffic for ninety (90) days, and will, as necessary at the end of that period, either augment trunks or disconnect trunks, based on the application of reasonable engineering criteria and capacity constraints to the actual traffic volume experienced. If, after such initial 90-day period, BA has determined that any trunks in excess of four (4) T-1s are not warranted by actual traffic volumes, then, on ten (10) days’ written notice, BA may hold TCG ICI financially responsible for such trunks (up to the Tariffed recurring and non-recurring rates therefor) in excess of four (4) T-1s retroactive to the start of the 90-day period until such time as they are justified by actual traffic volumes, based on the application of reasonable engineering criteria. Similarly, in the event TCGICI’s subsequent forecasts result in BA’s provision of trunks that are not warranted by actual traffic volumes over the 90-90- day period immediately following such forecast, BA may hold TCG ICI financially responsible for all such unwarranted trunks (up to the Tariffed recurring and non-recurring rates therefor) retroactive to the start of the 90-day period until such time as they are justified by actual traffic volumes, based on the application of reasonable engineering criteria. In the event, however, BA establishes trunks that are fewer than the number of trunks suggested by TCG in the relevant and timely quarterly forecast and such failure results in a shortage of trunk capacity to handle the ensuing traffic from BA to TCG, BA shall not hold TCG financially responsible for any unwarranted trunks in the following quarter up to the number of forecasted but non-provisioned trunks that were warranted by actual traffic volume during the preceding quarter. To the extent that BA requires TCG ICI to install trunks for delivery of traffic to BA, TCG ICI may apply the same procedures with respect to BA’s trunking requirements.

Initial Forecasts/Trunking Requirements. Because BA’s trunking requirements will, at least during an initial period, be dependent on the customer segments and service segments within customer segments to whom TCG Commonwealth decides to market its services, BA will be largely dependent on TCG Commonwealth to provide accurate trunk forecasts for both inbound (from BA) and outbound (from TCGCommonwealth) traffic. BA will, as an initial matter and upon request, provide the same number of trunks to terminate local traffic to TCG Commonwealth as TCG Commonwealth provides to terminate local traffic to BA, unless TCG Commonwealth expressly identifies particular situations that are expected to produce traffic that is substantially skewed in either the inbound or outbound direction, in which case BA will provide the number of trunks TCG Commonwealth suggests. Upon the establishment of any new set of trunks for traffic from BA to TCGCommonwealth, BA will monitor traffic for ninety (90) days, and will, as necessary at the end of that period, either augment trunks or disconnect trunks, based on the application of reasonable engineering criteria to the actual traffic volume experienced. If, after such initial 90-day period, BA has determined that any the trunks in excess of four (4) T-1s are not warranted by actual traffic volumes, then, on ten (10) days’ written notice, BA may hold TCG Commonwealth financially responsible for such trunks (up to the Tariffed recurring and non-recurring rates therefor) in excess of four (4) T-1s retroactive to the start of the 90-day period until such time as they are justified by actual traffic volumes, based on the application of reasonable engineering criteria. Similarly, in the event TCG’s subsequent forecasts result in BA’s provision of trunks that are not warranted by actual traffic volumes over the 90-day period immediately following such forecast, BA may hold TCG financially responsible for all such unwarranted trunks (up to the Tariffed recurring and non-recurring rates therefor) retroactive to the start of the 90-day period until such time as they are justified by actual traffic volumes, based on the application of reasonable engineering criteria. In the event, however, BA establishes trunks that are fewer than the number of trunks suggested by TCG in the relevant and timely quarterly forecast and such failure results in a shortage of trunk capacity to handle the ensuing traffic from BA to TCG, BA shall not hold TCG financially responsible for any unwarranted trunks in the following quarter up to the number of forecasted but non-provisioned trunks that were warranted by actual traffic volume during the preceding quarter. To the extent that BA requires TCG Commonwealth to install trunks for delivery of traffic to BA, TCG Commonwealth may apply the same procedures with respect to BA’s trunking requirements.

Initial Forecasts/Trunking Requirements. Because BA’s trunking requirements will, at least during an initial period, be dependent on the customer segments and service segments within customer segments to whom TCG KMC decides to market its services, BA will be largely dependent on TCG KMC to provide accurate trunk forecasts for both inbound (from BA) and outbound (from TCGKMC) traffic. BA will, as an initial matter and upon request, provide the same number of trunks to terminate local traffic to TCG KMC as TCG KMC provides to terminate local traffic to BA, unless TCG KMC expressly identifies particular situations that are expected to produce traffic that is substantially skewed in either the inbound or outbound direction, in which case BA will provide the number of trunks TCG KMC suggests; provided, however, that in all cases BA’s provision of the forecasted number of trunks to KMC is conditioned on the following: that such forecast is based on reasonable engineering criteria, there are no capacity constraints, and KMC’s previous forecasts have proven to be reliable and accurate. Upon the establishment of any new set of trunks for traffic from BA to TCGKMC, BA will monitor traffic for ninety (90) days, and will, as necessary at the end of that period, either augment trunks or disconnect trunks, based on the application of reasonable engineering criteria and capacity constraints to the actual traffic volume experienced. If, after such initial 90-day period, BA has determined that any trunks in excess of four (4) T-1s are not warranted by actual traffic volumes, then, on ten (10) days’ written notice, BA may hold TCG KMC financially responsible for such trunks (up to the Tariffed recurring and non-recurring rates therefor) in excess of four (4) T-1s retroactive to the start of the 90-day period until such time as they are justified by actual traffic volumes, based on the application of reasonable engineering criteria. Similarly, in the event TCGKMC’s subsequent forecasts result in BA’s provision of trunks that are not warranted by actual traffic volumes over the 90-day period immediately following such forecast, BA may hold TCG KMC financially responsible for all such unwarranted trunks (up to the Tariffed recurring and non-recurring rates therefor) retroactive to the start of the 90-day period until such time as they are justified by actual traffic volumes, based on the application of reasonable engineering criteria. In the event, however, BA establishes trunks that are fewer than the number of trunks suggested by TCG in the relevant and timely quarterly forecast and such failure results in a shortage of trunk capacity to handle the ensuing traffic from BA to TCG, BA shall not hold TCG financially responsible for any unwarranted trunks in the following quarter up to the number of forecasted but non-provisioned trunks that were warranted by actual traffic volume during the preceding quarter. To the extent that BA requires TCG KMC to install trunks for delivery of traffic to BA, TCG KMC may apply the same procedures with respect to BA’s trunking requirements.