Common use of Intercarrier Compensation Clause in Contracts

Intercarrier Compensation. 55.1. The Parties agree to “Xxxx and Keep” for mutual reciprocal compensation for the termination of Local Traffic on the network of one Party which originates on the network of the other Party. Under Xxxx and Keep, each Party retains the revenues it receives from end user customers, and neither Party pays the other Party for terminating the Local Traffic which is subject to the Xxxx and Keep compensation mechanism. The Xxxx and Keep arrangement is subject to the following conditions: 55.1.1. Xxxx and Keep is only applicable if terminating traffic between the Parties is balanced within 10 percent. 55.1.2. Either Party can cancel the Xxxx and Keep compensation arrangement when traffic volumes require the installation of more than 24 one-way trunks or when the usage is out of balance by more than 10%. Formal notification of the cancellation must be provided in writing 90 days prior to the Effective Date. Notwithstanding anything in this Agreement to the contrary, the Parties may continue the Xxxx and Keep compensation arrangement by mutual agreement. 55.1.3. If either Party does deliver such written notice, the Parties will negotiate an amendment to this Agreement under applicable law reflecting charges to be assessed by each Part for terminating Local Traffic. If the Parties are unable to negotiate such an amendment, the Parties agree to resolve the issue under the dispute resolution section of this Agreement. 55.1.4. Xxxx and Keep does not apply to local traffic originated by the CLEC, transiting Sprint’s network, and terminated by a third party in which case applicable transit charges will apply. Sprint will not assume transport and termination liabilities on behalf of the calls originated by the CLEC. 55.1.5. ISP-Bound Traffic will be exchanged on a “Xxxx and Keep” basis. Under Xxxx and Keep, each Party retains the revenues it receives from end user customers, and neither Party pays the other Party for terminating the ISP-Bound Traffic. 55.1.6. CLEC must compensate Sprint for the transport of ISP bound traffic when transport of such traffic is required outside Sprint’s Local Calling Area where the call originates to deliver the traffic to the POI. Such transport will be at TELRIC based transport rates. 55.1.7. The Parties agree that by executing this Agreement and carrying out the intercarrier compensation rates, terms and conditions herein, neither Party waives any of its rights, and expressly reserves all of its rights, under the Order on Remand and Report and Order, FCC 01-131, CC Dockets No. 96-98 and 99-68, adopted April 18, 2001 (the “ISP Compensation Order”), including but not limited to Sprint’s option to invoke on a date specified by Sprint the FCC's ISP interim compensation regime, after which date ISP-bound traffic will be subject to the FCC's prescribed interim compensation regime including the terminating compensation rates, and other terms and conditions. CLEC agrees that on the date designated by ILEC, the Parties will begin billing Reciprocal Compensation to each other at the rates, terms and conditions specified in the FCC's ISP Compensation Order, unless the Parties are exchanging traffic (Local Traffic and/or ISP-Bound traffic) at Xxxx and Keep, such Xxxx and Keep arrangement shall continue. 55.2. Compensation for the termination of toll traffic and the origination of 800 traffic between the interconnecting parties shall be based on the applicable access charges in accordance with FCC and Commission Rules and Regulations and consistent with the provisions of Part F of this Agreement. If CLEC is acting as an IXC and a competitive local exchange carrier, CLEC must have a unique CIC for each type of service order. Specifically, CLEC must have two CICs, one that is used for ordering IXC facilities for interexchange toll traffic and one that is used to order facilities for local exchange traffic. 55.3. Calls terminated to end users physically located outside the local calling area in which their NPA/NXXs are homed (Virtual NXXs), are not local calls for purposes of intercarrier compensation and access charges shall apply. For Sprint- originated traffic terminated to CLEC’s Virtual NXXs, Sprint shall not be obligated to pay reciprocal compensation, including any shared interconnection facility costs, for such traffic. 55.4. Voice calls that are transmitted, in whole or in part, via the public Internet or a private IP network (VoIP) shall be compensated in the same manner as voice traffic (e.g. reciprocal compensation, interstate access and intrastate access). 55.5. A call placed on a non-local basis (e.g., a toll call or 8yy call) to an ISP shall not be treated as ISP-Bound Traffic for compensation purposes. The Parties agree that, to the extent such "non-Local" ISP calls are placed, that the rates, terms and conditions for IntraLATA and/or InterLATA calling shall apply, including but not limited to rating and routing according to the terminating parties' Exchange Access intrastate and/or interstate tariffs. 55.6. CLEC will identify the Percent Local Usage (PLU) factor on each interconnection order to identify its “Local Traffic,” as defined herein, for reciprocal compensation purposes. Sprint may request CLEC’s traffic study documentation of the PLU at any time to verify the factor, and may compare the documentation to studies developed by Sprint. Should the documentation indicate that the factor should be changed by Sprint; the Parties agree that any changes will be retroactive to traffic for the previous two years. Should the documentation indicate it is warranted such change in the factor may be back to the effective date of the Agreement. For non-local traffic, the Parties agree to exchange traffic and compensate one another based on the rates and elements included in each party’s access tariffs. CLEC will transmit calling party number (CPN) as required by FCC rules (47 C.F.R. 64.1601). 55.6.1. To the extent technically feasible, each Party will transmit calling party number (CPN) for each call being terminated on the other's network. If the percentage of calls transmitted with CPN is greater than 90%, all calls exchanged without CPN will be billed as local or intrastate in proportion to the MOUs of calls exchanged with CPN. If the percentage of calls transmitted with CPN is less than 90%, all calls transmitted without CPN will be billed at intrastate access rates.

Intercarrier Compensation. 55.156.1. The Parties agree to “Xxxx and Keep” for mutual reciprocal compensation for the termination of Local Traffic on the network of one Party which originates on the network of the other Party. Under Xxxx and Keep, each Party retains the revenues it receives from end user customers, and neither Party pays the other Party for terminating the Local Traffic which is subject to the Xxxx and Keep compensation mechanism. The Xxxx and Keep arrangement is subject to the following conditions: 55.1.156.1.1. Xxxx and Keep is only applicable if terminating traffic between the Parties is balanced within 10 percentten percent (10%). 55.1.256.1.2. Xxxx and Keep is limited to Local Traffic only. 56.1.3. Xxxx and Keep applies to traffic between a CLEC end office and an Embarq tandem and is limited to three (3) DS1s (one-way from CLEC to Embarq). 56.1.4. Traffic Studies may be conducted semi-annually to measure the amount of traffic on the interconnection trunks to detect an out of balance condition. Parties agree to share the results of such studies. 56.1.5. Either Party can cancel the Xxxx and Keep compensation arrangement when traffic volumes require the installation of more than 24 three (3) DS1s (one-way trunks from CLEC to Embarq) or when the usage is out of balance by more than ten percent (10%). Formal notification of the cancellation must be provided in writing 90 ninety (90) days prior to the Effective Date. Notwithstanding anything in this Agreement to the contrary, the Parties may continue the Xxxx and Keep compensation arrangement by mutual agreement. 55.1.356.1.6. If either Party does deliver such written notice, the Parties will negotiate an amendment to this Agreement under applicable law reflecting charges to be assessed by each Part for terminating Local Traffic. If the Parties are unable to negotiate such an amendment, the Parties agree to resolve the issue under the dispute resolution section of this Agreement. 55.1.456.1.7. Xxxx and Keep does not apply to local traffic originated by the CLEC, transiting SprintEmbarq’s network, and terminated by a third party in which case applicable transit charges will apply. Sprint Embarq will not assume transport and termination liabilities on behalf of the calls originated by the CLEC. 55.1.556.1.8. ISP-Bound Traffic will be exchanged on a “Xxxx and Keep” basis. Under Xxxx and Keep, each Party retains the revenues it receives from end user customerscustomer, and neither Party pays the other Party for terminating the ISP-Bound Traffic. 55.1.6. CLEC must compensate Sprint for the transport of ISP bound traffic when transport of such traffic is required outside Sprint’s Local Calling Area where the call originates to deliver the traffic to the POI. Such transport will be at TELRIC based transport rates. 55.1.756.2. The Parties agree that by executing this Agreement and carrying out the intercarrier compensation rates, terms and conditions herein, neither Party waives any of its rights, and expressly reserves all of its rights, under the Order on Remand and Report and Order, FCC 01-131, CC Dockets No. 96-98 and 99-68, adopted April 18, 2001 (the “ISP Compensation Order”), including but not limited to SprintEmbarq’s option to invoke on a date specified by Sprint Embarq the FCC's ISP interim compensation regime, after which date ISP-ISP- bound traffic will be subject to the FCC's prescribed interim compensation regime including the terminating compensation rates, and other terms and conditions. CLEC agrees that on the date designated by ILEC, the Parties will begin billing Reciprocal Compensation to each other at the rates, terms and conditions specified in the FCC's ISP Compensation Order, unless the Parties are exchanging traffic (Local Traffic and/or ISP-ISP- Bound traffic) at Xxxx and Keep, such Xxxx and Keep arrangement shall continue. 55.256.3. Compensation for the termination of toll traffic and the origination of 800 traffic between the interconnecting parties shall be based on the applicable access charges in accordance with FCC and Commission Rules and Regulations and consistent with the provisions of Part F of this Agreement. If CLEC is acting as an IXC and a competitive local exchange carrier, CLEC must have a unique CIC for each type of service order. Specifically, CLEC must have two CICs, one that is used for ordering IXC facilities for interexchange toll traffic and one that is used to order facilities for local exchange traffic. 55.356.4. Calls terminated to end users physically located outside the local calling area in which their NPA/NXXs are homed (Virtual NXXs)homed, are not local calls for purposes of intercarrier compensation and access charges shall apply. For Sprint- originated traffic terminated to CLEC’s Virtual NXXs, Sprint Embarq shall not be obligated to pay reciprocal compensation, including any shared interconnection facility coststransport, for such traffic. 55.456.5. Voice calls that are transmitted, in whole or in part, via the public Internet or a private IP network (VoIP) shall be compensated in the same manner as voice traffic (e.g. e.g., reciprocal compensation, interstate access and intrastate access). 55.556.6. A call placed on a non-local basis (e.g., a toll call or 8yy call) to an ISP shall not be treated as ISP-Bound Traffic for compensation purposes. The Parties agree that, to the extent such "non-Local" ISP calls are placed, that the rates, terms and conditions for IntraLATA and/or InterLATA calling shall apply, including but not limited to rating and routing according to the terminating parties' Exchange Access intrastate and/or interstate tariffs. 56.7. INP is available in all Embarq service areas where LNP is not available. Once LNP is available, all INP arrangements will be converted to LNP. Where INP is available and a toll call is completed through Embarq’s INP arrangement (e.g., remote call forwarding) to CLEC’s subscriber, CLEC shall be entitled to applicable access charges in accordance with the FCC and Commission Rules and Regulations. If a national standard billing method has not been developed for a CLEC to directly xxxx x xxxxxxx access for a toll call that has been completed using interim number portability, then the INP Rate specific to Access Settlements in this Part C will be used. 55.656.7.1. CLEC will identify The ported party shall charge the Percent Local Usage (PLU) factor porting party on each interconnection order a per line basis using the INP Rate specific to identify its “Local Traffic,” Access Settlements in lieu of any other compensation charges for terminating such traffic. The traffic that is not identified as defined herein, for reciprocal compensation purposes. Sprint may request CLEC’s traffic study documentation of the PLU at any time subject to verify the factor, and may compare the documentation to studies developed by Sprint. Should the documentation indicate that the factor should be changed by Sprint; the Parties agree that any changes INP will be retroactive to traffic for the previous two years. Should the documentation indicate it is warranted such change in the factor may be back to the effective date of the Agreement. For non-local traffic, the Parties agree to exchange traffic and compensate one another based on the rates and elements included in each party’s access tariffs. CLEC will transmit calling party number (CPN) as required by FCC rules (47 C.F.R. 64.1601). 55.6.1. To the extent technically feasible, each Party will transmit calling party number (CPN) for each call being terminated on the other's network. If the percentage of calls transmitted with CPN is greater than 90%, all calls exchanged without CPN will be billed compensated as local or intrastate in proportion to the MOUs of calls exchanged with CPN. If the percentage of calls transmitted with CPN is less than 90%, all calls transmitted without CPN will be billed at intrastate access ratesinterconnection as set forth above.

Intercarrier Compensation. 55.156.1. The Parties agree to “Xxxx and Keep” for mutual reciprocal compensation for the termination of Local Traffic on the network of one Party which originates on the network of the other Party. Under Xxxx and Keep, each Party retains the revenues it receives from end user customers, and neither Party pays the other Party for terminating the Local Traffic which is subject to the Xxxx and Keep compensation mechanism. The Xxxx and Keep arrangement is subject to the following conditions: 55.1.156.1.1. Xxxx and Keep is only applicable if terminating traffic between the Parties is balanced within 10 percentten percent (10%). 55.1.256.1.2. Xxxx and Keep is limited to Local Traffic only. 56.1.3. Xxxx and Keep applies to traffic between a CLEC end office and an Embarq tandem and is limited to 24 DSO trunks (one-way from CLEC to Embarq). 56.1.4. Traffic Studies may be conducted semi-annually to measure the amount of traffic on the interconnection trunks to detect an out of balance condition. Parties agree to share the results of such studies. 56.1.5. Either Party can cancel the Xxxx and Keep compensation arrangement when traffic volumes require the installation of more than 24 one-way trunks or when the usage is out of balance by more than ten percent (10%). Formal notification of the cancellation must be provided in writing 90 ninety (90) days prior to the Effective Date. Notwithstanding anything in this Agreement to the contrary, the Parties may continue the Xxxx and Keep compensation arrangement by mutual agreement. 55.1.356.1.6. If either Party does deliver such written notice, the Parties will negotiate an amendment to this Agreement under applicable law reflecting charges to be assessed by each Part for terminating Local Traffic. If the Parties are unable to negotiate such an amendment, the Parties agree to resolve the issue under the dispute resolution section of this Agreement. 55.1.456.1.7. Xxxx and Keep does not apply to local traffic originated by the CLEC, transiting SprintEmbarq’s network, and terminated by a third party in which case applicable transit charges will apply. Sprint Embarq will not assume transport and termination liabilities on behalf of the calls originated by the CLEC. 55.1.556.1.8. ISP-Bound Traffic will be exchanged on a “Xxxx and Keep” basis. Under Xxxx and Keep, each Party retains the revenues it receives from end user customerscustomer, and neither Party pays the other Party for terminating the ISP-Bound Traffic. 55.1.6. CLEC must compensate Sprint for the transport of ISP bound traffic when transport of such traffic is required outside Sprint’s Local Calling Area where the call originates to deliver the traffic to the POI. Such transport will be at TELRIC based transport rates. 55.1.756.2. The Parties agree that by executing this Agreement and carrying out the intercarrier compensation rates, terms and conditions herein, neither Party waives any of its rights, and expressly reserves all of its rights, under the Order on Remand and Report and Order, FCC 01-131, CC Dockets No. 96-98 and 99-68, adopted April 18, 2001 (the “ISP Compensation Order”), including but not limited to SprintEmbarq’s option to invoke on a date specified by Sprint Embarq the FCC's ISP interim compensation regime, after which date ISP-ISP- bound traffic will be subject to the FCC's prescribed interim compensation regime including the terminating compensation rates, and other terms and conditions. CLEC agrees that on the date designated by ILEC, the Parties will begin billing Reciprocal Compensation to each other at the rates, terms and conditions specified in the FCC's ISP Compensation Order, unless the Parties are exchanging traffic (Local Traffic and/or ISP-ISP- Bound traffic) at Xxxx and Keep, such Xxxx and Keep arrangement shall continue. 55.256.3. Compensation for the termination of toll traffic and the origination of 800 traffic between the interconnecting parties shall be based on the applicable access charges in accordance with FCC and Commission Rules and Regulations and consistent with the provisions of Part F of this Agreement. If CLEC is acting as an IXC and a competitive local exchange carrier, CLEC must have a unique CIC for each type of service order. Specifically, CLEC must have two CICs, one that is used for ordering IXC facilities for interexchange toll traffic and one that is used to order facilities for local exchange traffic. 55.356.4. Calls terminated to end users physically located outside the local calling area in which their NPA/NXXs are homed (Virtual NXXs), are VNXX Traffic is not local calls Local Traffic for purposes of intercarrier compensation compensation, and access charges shall apply. For Sprint- originated traffic terminated to CLEC’s Virtual NXXs, Sprint such VNXX Traffic shall not be obligated subject to pay reciprocal compensation, nor shall such VNXX Traffic be subject to the FCC opt-in rate (i.e., $.0007) for ISP-Bound Traffic in states where Embarq has opted-into the FCC’s ISP Remand Order. VNXX Traffic (including any shared interconnection facility costsVNXX Traffic which is ISP-Bound Traffic) shall be subject to the originating carrier’s originating access rates which shall be payable by the Party providing VNXX Service. For purposes of this Agreement, for such trafficany references to ISP-Bound Traffic shall not be deemed to include VNXX Traffic unless specifically stated otherwise. 55.456.4.1. The Parties agree that zero percent (0%) of the total Embarq-originated/CLEC- terminated traffic shall be deemed to occur via a VNXX arrangement, and that such traffic shall be subject to a Percent Interstate Usage factor of zero percent (0%). 56.4.2. Either Party may perform traffic studies at any time to verify the percentage set forth above. Each Party will provide data necessary to determine the geographic location of the CLEC’s customers when requested to assist with a VNXX traffic study. Should the traffic study indicate that the percentage should be changed, the Parties agree to implement the correct percentage on a prospective basis (i.e., from the date of the traffic study) pursuant to written notice, without amending the agreement. 56.5. Local Calling Platform (“LCP”) traffic is not Local Traffic for purposes of intercarrier compensation, and such LCP traffic shall not be subject to reciprocal compensation. LCP traffic shall be subject to the originating carrier’s originating access rates which shall be payable by the Party owning the number for the intermediate platform (i.e., the first number dialed by the originating end user). The Parties agree that zero percent (0%) of the total Embarq-originated/CLEC-terminated traffic shall be deemed LCP traffic. Either Party may perform traffic studies at any time to verify the percentage set forth in this paragraph. Each Party will provide data necessary to determine the geographic location associated with the telephone number to which the call was ultimately completed, as distinct from the number of the intermediate platform. Should the traffic study indicate that the percentage should be changed, the Parties agree to implement the correct percentage on a prospective basis (i.e., from the date of the traffic study) pursuant to written notice, without amending the agreement. 56.6. Voice calls that are transmitted, in whole or in part, via the public Internet or a private IP network (VoIP) shall be compensated in the same manner as voice traffic (e.g. e.g., reciprocal compensation, interstate access and intrastate access). 55.556.7. A call placed on a non-local basis (e.g., a toll call or 8yy call) to an ISP shall not be treated as ISP-Bound Traffic for compensation purposes. The Parties agree that, to the extent such "non-Local" ISP calls are placed, that the rates, terms and conditions for IntraLATA and/or InterLATA calling shall apply, including but not limited to rating and routing according to the terminating parties' Exchange Access intrastate and/or interstate tariffs. 55.656.8. CLEC will identify the Percent Local Usage (PLU) factor on each interconnection order to identify its “Local Traffic,” as defined herein, for reciprocal compensation purposes. Sprint Embarq may request CLEC’s traffic study documentation of the PLU at any time to verify the factor, and may compare the documentation to studies developed by SprintEmbarq. Should the documentation indicate that the factor should be changed by SprintEmbarq; the Parties agree that any changes will be retroactive to traffic for the previous two years. Should the documentation indicate it is warranted such change in the factor may be back to the effective date of the Agreement. For non-local traffic, the Parties agree to exchange traffic and compensate one another based on the rates and elements included in each party’s access tariffs. CLEC will transmit calling party number (CPN) as required by FCC rules (47 C.F.R. CFR 64.1601). 55.6.156.8.1. To the extent technically feasible, each Party will transmit calling party number (CPN) for each call being terminated on the other's network. If the percentage of calls transmitted with CPN is greater than ninety percent (90%), all calls exchanged without CPN will be billed as local or intrastate in proportion to the MOUs of calls exchanged with CPN. If the percentage of calls transmitted with CPN is less than ninety percent (90%), all calls transmitted without CPN will be billed at intrastate access rates. 56.9. Each Party shall take steps to ensure that all traffic that it delivers to the receiving Party include a call record, and that such call records are transmitted intact to the receiving Party. Neither Party shall: (i) remove call records, (ii) alter or replace call records, (iii) alter or replace jurisdictional information or (iv) insert or add any call record information except as specifically allowed by industry guidelines or as mutually agreed to by the Parties. Using reasonable efforts and to the extent technically feasible, each Party also shall undertake steps to ensure that any service provider who hands off traffic for delivery to the other Party does not: (i) remove call records, (ii) alter or replace call records, (iii) alter or replace jurisdictional information or (iv) insert or add any call record information except as specifically allowed by industry guidelines or as mutually agreed to by the Parties. Neither Party shall knowingly and intentionally (a) strip or alter call records to disguise the jurisdiction of the a call or (b) permit third parties to do so for traffic the Party delivers to the other Party. 56.10. Either Party may request an audit of the traffic types exchanged between the Parties. Each Party will provide upon request traffic study documentation of traffic being delivered to the other Party. Audit periods may include the period beginning with the month after the last audit or the Effective Date of the Agreement through, and including, the month prior to the audit request. Traffic study documentation can include records produced either from Embarq or CLEC internal recording and monitoring systems or from third party vendors that record intercarrier traffic SS7 call records. These audit rights are in addition to the audit rights in Part A of this Agreement.

Intercarrier Compensation. 55.138.1. The Parties agree to “Xxxx Bill and Keep” for mutual reciprocal compensation for the termination of Local Traffic on the network of one Party which originates on the network of the other Party. Under Xxxx Bill and Keep, each Party retains the revenues it receives from end user customers, and neither Party pays the other Party for terminating the Local Traffic which is subject to the Xxxx Bill and Keep compensation mechanism. The Xxxx Bill and Keep arrangement is subject to the following conditions: 55.1.138.1.1. Xxxx Bill and Keep is only applicable if terminating traffic between the Parties is balanced within 10 percent. 55.1.238.1.2. Either Party can cancel the Xxxx Bill and Keep compensation arrangement when traffic volumes require the installation of more than 24 one-way trunks or when the usage is out of balance by more than 10%. Formal notification of the cancellation must be provided in writing 90 days prior to the Effective Date. Notwithstanding anything in this Agreement to the contrary, the Parties may continue the Xxxx Bill and Keep compensation arrangement by mutual agreement. 55.1.338.1.3. If either Party does deliver such written notice, the Parties will negotiate an amendment to this Agreement under applicable law reflecting charges to be assessed by each Part for terminating Local Traffic. If the Parties are unable to negotiate such an amendment, the Parties agree to resolve the issue under the dispute resolution section of this Agreement. 55.1.438.1.4. Xxxx Bill and Keep does not apply to local traffic originated by the CLEC, transiting Sprint’s network, and terminated by a third party in which case applicable transit charges will apply. Sprint will not assume transport and termination liabilities on behalf of the calls originated by the CLEC. 55.1.538.1.5. ISP-Bound Traffic will be exchanged on a “Xxxx Bill and Keep” basis. Under Xxxx and Keep, each Party retains the revenues it receives from end user customerscustomer, and neither Party pays the other Party for terminating the ISP-ISP- Bound Traffic. 55.1.6. CLEC must compensate Sprint for the transport of ISP bound traffic when transport of such traffic is required outside Sprint’s Local Calling Area where the call originates to deliver the traffic to the POI. Such transport will be at TELRIC based transport rates. 55.1.738.1.6. The Parties agree that by executing this Agreement and carrying out the intercarrier compensation rates, terms and conditions herein, neither Party waives any of its rights, and expressly reserves all of its rights, under the Order on Remand and Report and Order, FCC 01-131, CC Dockets No. 96-98 and 99-68, adopted April 18, 2001 (the “ISP Compensation Order”), including but not limited to Sprint’s option option, to the extent Sprint has not opted into the FCC interim compensation regime, to invoke on a date specified by Sprint the FCC's ISP interim compensation regime, after which date ISP-bound traffic will be subject to the FCC's prescribed interim compensation regime including the terminating compensation rates, and other terms and conditions. CLEC agrees that on the date designated by ILEC, the Parties will begin billing Reciprocal Compensation to each other at the rates, terms and conditions specified in the FCC's ISP Compensation Order, unless the Parties are exchanging traffic (Local Traffic and/or ISP-Bound traffic) at Xxxx Bill and Keep, such Xxxx Bill and Keep arrangement shall continue. 55.238.1.7. CLEC shall pay a transit rate, comprised of the transport and tandem rate elements, as set forth in Table One of this Part when CLEC uses a Sprint access tandem to terminate a local call to a third party LEC or another CLEC. Sprint shall pay CLEC a transit rate equal to the Sprint rate referenced above when Sprint uses a CLEC switch to terminate a local call to a third party LEC or another CLEC. 38.1.8. 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. 38.1.9. 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 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. 38.2. Compensation for the termination of toll traffic and the origination of 800 traffic between the interconnecting parties shall be based on the applicable access charges in accordance with FCC and Commission Rules and Regulations and consistent with the provisions of Part F of this Agreement. If CLEC is acting as an IXC and a competitive local exchange carrier, CLEC must have a unique CIC for each type of service order. Specifically, CLEC must have two CICs, one that is used for ordering IXC facilities for interexchange toll traffic and one that is used to order facilities for local exchange traffic. 55.338.3. Calls terminated to end users physically located outside the local calling area in which their NPA/NXXs are homed (Virtual NXXs), are not local calls for purposes of intercarrier compensation and access charges shall apply. For Sprint- originated traffic terminated to CLEC’s Virtual NXXs, Sprint shall not be obligated to pay reciprocal compensation, including any shared interconnection facility costs, for such traffic. 55.438.4. Voice calls that are transmitted, in whole or in part, via the public Internet or a private IP network (VoIP) shall be compensated in the same manner as voice traffic (e.g. reciprocal compensation, interstate access and intrastate access). 55.538.5. A call placed on a non-local basis (e.g., a toll call or 8yy call) to an ISP shall not be treated as ISP-Bound Traffic for compensation purposes. The Parties agree that, to the extent such "non-Local" ISP calls are placed, that the rates, terms and conditions for IntraLATA and/or InterLATA calling shall apply, including but not limited to rating and routing according to the terminating parties' Exchange Access intrastate and/or interstate tariffs. 55.638.6. INP is available in all Sprint service areas where LNP is not available. Once LNP is available, all INP arrangements will be converted to LNP. Where INP is available and a toll call is completed through Sprint’s INP arrangement (e.g., remote call forwarding) to CLEC’s subscriber, CLEC shall be entitled to applicable access charges in accordance with the FCC and Commission Rules and Regulations. If a national standard billing method has not been developed for a CLEC to directly xxxx x xxxxxxx access for a toll call that has been completed using interim number portability, then the INP Rate specific to Access Settlements in this Part C will be used. 38.6.1. The ported party shall charge the porting party on a per line basis using the INP Rate specific to Access Settlements in lieu of any other compensation charges for terminating such traffic. The traffic that is not identified as subject to INP will be compensated as local interconnection as set forth above. 38.7. CLEC will identify the Percent Local Usage (PLU) factor on each interconnection order to identify its “Local Traffic,” as defined herein, for reciprocal compensation purposes. Sprint may request CLEC’s traffic study documentation of the PLU at any time to verify the factor, and may compare the documentation to studies developed by Sprint. Should the documentation indicate that the factor should be changed by Sprint; , the Parties agree that any changes will be retroactive to traffic for the previous two years. Should the documentation indicate it is warranted such change in the factor may be back to the effective date of the Agreementprospective. For non-local traffic, the Parties agree to exchange traffic and compensate one another based on the rates and elements included in each party’s access tariffs. CLEC will transmit calling party number (CPN) as required by FCC rules (47 C.F.R. 64.1601). 55.6.138.7.1. To the extent technically feasible, each Party will transmit calling party number (CPN) for each call being terminated on the other's network. If the percentage of calls transmitted with CPN is greater than 90%, all calls exchanged without CPN will be billed as local or intrastate in proportion to the MOUs of calls exchanged with CPN. If the percentage of calls transmitted with CPN is less than 90%, all calls transmitted without CPN will be billed at intrastate access ratesas intraLATA toll traffic.

Intercarrier Compensation. 55.138.1. The Parties agree to “Xxxx and Keep” for mutual reciprocal compensation for the termination of Local Traffic on the network of one Party which originates on the network of the other Party. Under Xxxx and Keep, each Party retains the revenues it receives from end user customers, and neither Party pays the other Party for terminating the Local Traffic which is subject to the Xxxx and Keep compensation mechanism. The Xxxx and Keep arrangement is subject to the following conditions: 55.1.138.1.1. Xxxx and Keep is only applicable if terminating traffic between the Parties is balanced within 10 percent. 55.1.238.1.2. Either Party can cancel the Xxxx and Keep compensation arrangement when traffic volumes require the installation of more than 24 one-way trunks or when the usage is out of balance by more than 10%. Formal notification of the cancellation must be provided in writing 90 days prior to the Effective Date. Notwithstanding anything in this Agreement to the contrary, the Parties may continue the Xxxx and Keep compensation arrangement by mutual agreement. 55.1.338.1.3. If either Party does deliver such written notice, the Parties will negotiate an amendment to this Agreement under applicable law reflecting charges to be assessed by each Part for terminating Local Traffic. If the Parties are unable to negotiate such an amendment, the Parties agree to resolve the issue under the dispute resolution section of this Agreement. 55.1.438.1.4. Xxxx and Keep does not apply to local traffic originated by the CLEC, transiting Sprint’s network, and terminated by a third party in which case applicable transit charges will apply. Sprint will not assume transport and termination liabilities on behalf of the calls originated by the CLEC. 55.1.538.1.5. ISP-Bound Traffic will be exchanged on a “Xxxx and Keep” basis. Under Xxxx and Keep, each Party retains the revenues it receives from end user customerscustomer, and neither Party pays the other Party for terminating the ISP-ISP- Bound Traffic. 55.1.6. CLEC must compensate Sprint for the transport of ISP bound traffic when transport of such traffic is required outside Sprint’s Local Calling Area where the call originates to deliver the traffic to the POI. Such transport will be at TELRIC based transport rates. 55.1.738.1.6. The Parties agree that by executing this Agreement and carrying out the intercarrier compensation rates, terms and conditions herein, neither Party waives any of its rights, and expressly reserves all of its rights, under the Order on Remand and Report and Order, FCC 01-131, CC Dockets No. 96-98 and 99-68, adopted April 18, 2001 (the “ISP Compensation Order”), including but not limited to Sprint’s option option, to the extent Sprint has not opted into the FCC interim compensation regime, to invoke on a date specified by Sprint the FCC's ISP interim compensation regime, after which date ISP-bound traffic will be subject to the FCC's prescribed interim compensation regime including the terminating compensation rates, and other terms and conditions. CLEC agrees that on the date designated by ILEC, the Parties will begin billing Reciprocal Compensation to each other at the rates, terms and conditions specified in the FCC's ISP Compensation Order, unless the Parties are exchanging traffic (Local Traffic and/or ISP-Bound traffic) at Xxxx and Keep, such Xxxx and Keep arrangement shall continue. 55.238.1.7. CLEC shall pay a transit rate, comprised of the transport and tandem rate elements, as set forth in Table One of this Part when CLEC uses a Sprint access tandem to terminate a local call to a third party LEC or another CLEC. Sprint shall pay CLEC a transit rate equal to the Sprint rate referenced above when Sprint uses a CLEC switch to terminate a local call to a third party LEC or another CLEC. 38.1.8. 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. 38.1.9. 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 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. 38.2. Compensation for the termination of toll traffic and the origination of 800 traffic between the interconnecting parties shall be based on the applicable access charges in accordance with FCC and Commission Rules and Regulations and consistent with the provisions of Part F of this Agreement. If CLEC is acting as an IXC and a competitive local exchange carrier, CLEC must have a unique CIC for each type of service order. Specifically, CLEC must have two CICs, one that is used for ordering IXC facilities for interexchange toll traffic and one that is used to order facilities for local exchange traffic. 55.338.3. Calls terminated to end users physically located outside the local calling area in which their NPA/NXXs are homed (Virtual NXXs), are not local calls for purposes of intercarrier compensation and access charges shall apply. For Sprint- originated traffic terminated to CLEC’s Virtual NXXs, Sprint shall not be obligated to pay reciprocal compensation, including any shared interconnection facility costs, for such traffic. 55.438.4. Voice calls that are transmitted, in whole or in part, via the public Internet or a private IP network (VoIP) shall be compensated in the same manner as voice traffic (e.g. reciprocal compensation, interstate access and intrastate access). 55.538.5. A call placed on a non-local basis (e.g., a toll call or 8yy call) to an ISP shall not be treated as ISP-Bound Traffic for compensation purposes. The Parties agree that, to the extent such "non-Local" ISP calls are placed, that the rates, terms and conditions for IntraLATA and/or InterLATA calling shall apply, including but not limited to rating and routing according to the terminating parties' Exchange Access intrastate and/or interstate tariffs. 55.638.6. INP is available in all Sprint service areas where LNP is not available. Once LNP is available, all INP arrangements will be converted to LNP. Where INP is available and a toll call is completed through Sprint’s INP arrangement (e.g., remote call forwarding) to CLEC’s subscriber, CLEC shall be entitled to applicable access charges in accordance with the FCC and Commission Rules and Regulations. If a national standard billing method has not been developed for a CLEC to directly xxxx x xxxxxxx access for a toll call that has been completed using interim number portability, then the INP Rate specific to Access Settlements in this Part C will be used. 38.6.1. The ported party shall charge the porting party on a per line basis using the INP Rate specific to Access Settlements in lieu of any other compensation charges for terminating such traffic. The traffic that is not identified as subject to INP will be compensated as local interconnection as set forth above. 38.7. CLEC will identify the Percent Local Usage (PLU) factor on each interconnection order to identify its “Local Traffic,” as defined herein, for reciprocal compensation purposes. Sprint may request CLEC’s traffic study documentation of the PLU at any time to verify the factor, and may compare the documentation to studies developed by Sprint. Should the documentation indicate that the factor should be changed by Sprint; , the Parties agree that any changes will be retroactive to traffic for the previous two years. Should the documentation indicate it is warranted such change in the factor may be back to the effective date of the Agreementprospective. For non-local traffic, the Parties agree to exchange traffic and compensate one another based on the rates and elements included in each party’s access tariffs. CLEC will transmit calling party number (CPN) as required by FCC rules (47 C.F.R. 64.1601). 55.6.138.7.1. To the extent technically feasible, each Party will transmit calling party number (CPN) for each call being terminated on the other's network. If the percentage of calls transmitted with CPN is greater than 90%, all calls exchanged without CPN will be billed as local or intrastate in proportion to the MOUs of calls exchanged with CPN. If the percentage of calls transmitted with CPN is less than 90%, all calls transmitted without CPN will be billed at intrastate access ratesas intraLATA toll traffic.