Common use of Originating Landline to CMRS Switched Access Traffic Clause in Contracts

Originating Landline to CMRS Switched Access Traffic. 6.3.3.1 This traffic is routed over the local Interconnection Trunks. 6.3.3.2 For the purpose of compensation between SBC-13STATE and Carrier under this Section, Originating Landline to CMRS Switched Access Traffic is subject to the Originating Landline to CMRS Switched Access Traffic rates and percentages stated in Appendix Pricing – Wireless. For traffic that, at the beginning of the call: (a) originates on Telco’s network in one MTA; and, (b) is delivered to the mobile unit of Carrier’s End User Customer connected to a Cell Site in another MTA, SBC-13STATE is authorized to charge and Carrier shall pay the Originating Landline to CMRS Switched Access Traffic rates and percentages as set forth in Appendix Pricing – Wireless on a per MOU basis for such traffic. Carrier shall not charge and SBC-13STATE shall not pay reciprocal compensation for Originating Landline to CMRS Switched Access Traffic. 6.3.3.3 As of the Effective Date, the Parties cannot accurately measure the amount of Originating Landline to CMRS Switched Access Traffic on a real time basis. Therefore, the Parties have agreed to negotiate in good faith for the purpose of establishing a mutually agreeable Carrier-specific, State-specific Originating Landline to CMRS Switched Access traffic percentage, based upon Carrier-specific, State specific information. The duty to negotiate in good faith shall continue until a CMRS Switched Access traffic percentage is established. If Parties cannot negotiate, execute and file an amendment to this Agreement establishing an Originating Landline to CMRS Switched Access percentage within thirty (30) Days of the execution of this Agreement, SBC-13STATE may request that Carrier provide a traffic study to determine an Originating Landline to CMRS Switched Access percentage. Due to the multiple studies that may be requested by the multiple SBC-13STATEs after the execution of this Agreement, the Parties agree to the following timeframes within which Carrier shall provide Originating Landline to CMRS Switched Access percentage traffic studies: For one (1) study – Carrier shall provide to SBC- 13STATE within 60 Days after receipt of request. For two (2) - up to four (4) studies – Carrier shall provide up to four (4) studies to SBC-13STATE within one hundred and twenty (120) Days after receipt of request. For five (5) – up to seven (7) studies - Carrier will provide to SBC-13STATE based upon a mutually agreed upon timeframe, but not to exceed one hundred and eighty (180) Days. For eight (8) or more studies, the Parties agree that Carrier will provide such studies to SBC-13STATE on a mutually agreed upon schedule. Once a request for a traffic study/studies has been made by SBC- 13STATE(s), SBC-13STATE(s) shall not make any subsequent requests until the initial study/studies has been completed. The Originating Landline to CMRS Switched Access traffic percentage will be calculated from the Parties’ records based on the location of the Cell Site, if applicable, to which the Carrier’s End User Customer’s mobile unit is connected at the beginning of the call. These records will be obtained from the Carrier’s databases. If a study is requested, Carrier agrees to provide a Carrier-specific, State- specific traffic study to SBC-13STATE within the agreed upon time frame as set forth above. The Carrier-specific, State-specific traffic study will be provided for the State in which the percentage is to be applied. The percentage will be based on the following formula: SBC-13STATE originated MOU delivered by SBC-13STATE to Carrier’s network that terminate InterMTA divided by all SBC- 13STATE originated MOU delivered by SBC-13STATE to Carrier’s network. The Parties agree to work cooperatively towards a mutually acceptable Originating Landline to CMRS Switched Access percentage. (a) Mutually agreed audit: The Parties may, in good faith, attempt to retain a mutually acceptable third party independent auditor who shall be allowed to conduct an audit of the Parties’ records (to obtain and verify the necessary data and to calculate the Originating Landline to CMRS Switched Access traffic percentage, based upon the formula stated above). The Parties shall share the costs of the third-party independent auditor equally.

Originating Landline to CMRS Switched Access Traffic. 6.3.3.1 This traffic is routed over the local Interconnection Trunks. 6.3.3.2 For the purpose of compensation between SBC-13STATE AT&T OKLAHOMA and Carrier under this Section, Originating Landline to CMRS Switched Access Traffic is subject to the Originating Landline to CMRS Switched Access Traffic rates and percentages stated in Appendix the Pricing Sheet– Wireless. For traffic that, at the beginning of the call: (a) originates on Telco’s network in one MTA; and, (b) is delivered to the mobile unit of Carrier’s End User Customer connected to a Cell Site in another MTA, SBC-13STATE AT&T OKLAHOMA is authorized to charge and Carrier shall pay the Originating Landline to CMRS Switched Access Traffic rates and percentages as set forth in Appendix the Pricing – Wireless SheetWireless on a per MOU basis for such traffic. Carrier Xxxxxxx shall not charge and SBC-13STATE AT&T OKLAHOMA shall not pay reciprocal compensation for Originating Landline to CMRS Switched Access Traffic. 6.3.3.3 As of the Effective Date, the Parties cannot accurately measure the amount of Originating Landline to CMRS Switched Access Traffic on a real time basis. Therefore, the Parties have agreed to negotiate in good faith for the purpose of establishing a mutually agreeable Carrier-specific, State-specific Originating Landline to CMRS Switched Access traffic percentage, based upon Carrier-specific, State specific information. The duty to negotiate in good faith shall continue until a CMRS Switched Access traffic percentage is established. If Parties cannot negotiate, execute and file an amendment to this Agreement establishing an Originating Landline to CMRS Switched Access percentage within thirty (30) Days of the execution of this Agreement, SBC-13STATE AT&T OKLAHOMA may request that Carrier provide a traffic study to determine an Originating Landline to CMRS Switched Access percentage. Due to the multiple studies that may be requested by the multiple SBC-13STATEs after the execution of this Agreement, the The Parties agree to the following timeframes within which Carrier shall provide Originating Landline to CMRS Switched Access percentage traffic studies: For one (1) study – Carrier shall provide to SBC- 13STATE AT&T OKLAHOMA within 60 Days after receipt of request. For two (2) - up to four (4) studies – Carrier shall provide up to four (4) studies to SBC-13STATE within one hundred and twenty (120) Days after receipt of request. For five (5) – up to seven (7) studies - Carrier will provide to SBC-13STATE based upon a mutually agreed upon timeframe, but not to exceed one hundred and eighty (180) Days. For eight (8) or more studies, the Parties agree that Carrier will provide such studies to SBC-13STATE on a mutually agreed upon schedule. Once a request for a traffic study/studies has been made by SBC- 13STATE(sAT&T OKLAHOMA(s), SBC-13STATE(sAT&T OKLAHOMA(s) shall not make any subsequent requests until the initial study/studies has been completed. The Originating Landline to CMRS Switched Access traffic percentage will be calculated from the Parties’ records based on the location of the Cell Site, if applicable, to which the Carrier’s End User Customer’s mobile unit is connected at the beginning of the call. These records will be obtained from the Carrier’s databases. If a study is requested, Carrier Xxxxxxx agrees to provide a Carrier-specific, State- specific traffic study to SBC-13STATE AT&T OKLAHOMA within the agreed upon time frame as set forth above. The Carrier-specific, State-State- specific traffic study will be provided for the State in which the percentage is to be applied. The percentage will be based on the following formula: SBC-13STATE AT&T OKLAHOMA originated MOU delivered by SBC-13STATE AT&T OKLAHOMA to Carrier’s network that terminate InterMTA divided by all SBC- 13STATE AT&T OKLAHOMA originated MOU delivered by SBC-13STATE AT&T OKLAHOMA to Carrier’s network. The Parties agree to work cooperatively towards a mutually acceptable Originating Landline to CMRS Switched Access percentage. (a) Mutually agreed audit: The Parties may, in good faith, attempt to retain a mutually acceptable third party independent auditor who shall be allowed to conduct an audit of the Parties’ records (to obtain and verify the necessary data and to calculate the Originating Landline to CMRS Switched Access traffic percentage, based upon the formula stated above). The Parties shall share the costs of the third-party independent auditor equally.