Interim Rate(s) for Loop Qualification Clause Samples

Interim Rate(s) for Loop Qualification. The Parties acknowledge and agree that the Commission, in its Arbitration Award in Docket No. 05-MA-128 (“the Arbitration Award”), found that the Wisconsin Public Service Commission (“Commission”) is addressing the issue of the appropriate charge(s) for loop qualification in Docket No. 6720-TI-161, pending the Commission’s review of an AM-WI cost study for loop qualification. In its Arbitration Award, the Commission found that in the interim, prior to the Commission establishing a final rate for loop qualification in Docket No. 6720-T1-161, AM-WI shall respond to a request for loop qualification at no charge, regardless of whether the actual AM-WI response to the request is on a mechanized or manual basis. The Commission further found in its Arbitration Award that AM-WI shall keep track of its responses to CLEC’s requests for loop qualification, and that the final rate established by the Commission in Docket No. 6720-T1-161 shall retroactively apply back to the Effective Date of this Agreement. Accordingly, the Parties understand and agree that the interim rate of $0.00 herein for manual or mechanized loop qualification requests will be in effect only until the effective date of the Commission’s order establishing final rates in Docket No. 6720-T1-161, or another appropriate docket established by the Commission to investigate and establish final rates for loop qualification. Upon the effective date of the Commission’s order establishing final loop qualification rates (“Order”), those final rates will automatically replace the interim loop qualification rate(s) contained in this Agreement and, as soon as practicable after such with between McLeodUSA Telecommunications Services, Inc. and Wisconsin Bell Telephone Company (Ameritech Wisconsin) Pursuant to Section 252(b) of the Telecommunications Act of 1996, Docket 05-MA-128. Refer to INTERCONNECTION AGREEMENT: GENERAL TERMS AND CONDITIONS, Paragraph 2.10. final rates become effective, but in any event within sixty (60) days of the effective date of such Order, the Parties shall retroactively “true-up” the interim rates paid and received hereunder back to the Effective Date of this Agreement and shall negotiate and submit for approval a conforming Amendment to this Agreement to reflect the final loop qualification rate(s) established by the Commission in its Order.