Common use of POI Requirements Clause in Contracts

POI Requirements. 4.1. In order to qualify for receipt of compensation for Virtual FX traffic as defined in Section 13.2 of this Amendment at the rates provided in the Rate Schedule, attached hereto and made a part hereof as Exhibit A, CLEC must achieve and maintain the minimum points of interconnection and trunk engineering guidelines set forth in Sections 4. through 6. of this Amendment. 4.2. Compliance with the provisions of this Amendment shall be on a local calling area by local calling area basis, which means that CLEC’s eligibility to receive reciprocal compensation for Virtual FX traffic as defined in Section 13.2 of this Amendment shall not be restricted except for the particular local calling area for the same period during which it is not in compliance with Sections 4. through 6. of this Amendment. 4.3. CLEC will exert commercially reasonable efforts in each ILEC state to establish a physical POI in each mandatory local calling area in which it has listed telephone numbers (NPA/NXXs) in the Local Exchange Routing Guide (LERG) or from where CLEC ports telephone numbers listed in the LERG by other local exchange carriers (including ILEC companies). 4.3.1. In California, Nevada, Connecticut, Michigan, Ohio, Indiana, Illinois and Wisconsin, the Parties agree that Section 4. is satisfied, as to all sub-tending end offices and rate centers in which CLEC has established a dialable telephone number local to the rate center or ports any number established by other local exchange carriers (including ILEC companies), if a physical POI is established at the appropriate local or access tandem serving, or at any mutually agreed end office within, the rate center. 4.3.2. In Arkansas, Missouri, Kansas, Oklahoma and Texas, the Parties agree that Section 4. is satisfied, as to all sub-tending end offices and rate centers where CLEC has established a dialable telephone number local to the rate center or ports any number established by other local exchange carriers (including ILEC companies), if a physical POI is established at the appropriate tandem, if applicable, or any mutually agreed end office within, the local exchange area. 4.4. When establishing a POI required under Section 4. of this Amendment, the Parties agree: 4.4.1. CLEC may utilize existing interconnection arrangements at existing POIs, including the mid-span fiber meet architecture in service or being currently jointly planned; or 4.4.2. CLEC may utilize its collocation facilities in end offices or local tandems within the local calling area or tandem serving area, including, but not limited to fiber cable handoffs. Where CLEC has spare fiber cable in an existing collocation space, CLEC may establish interconnection by terminating such fiber cable to an ILEC fiber optic terminal (FOT). This fiber cable handoff from CLEC’s collocation facility to an ILEC FOT shall be in accordance with the applicable collocation provisions in the ICA, interconnection agreement or state tariff. If there are no provisions in the ICA, interconnection agreement or state tariff, then the fiber cable hand- off will be as mutually agreed upon by the Parties; or 4.4.3. CLEC may utilize new, mutually agreed upon, mid-span fiber meets, where CLEC will connect to the ILEC FOT by providing fiber cable at the last entrance (or agreed upon) manhole outside of the tandem, or at the last entrance ( or agreed upon) manhole outside of an end office in the rate center where the Parties agree to interconnection at an end office; or 4.4.4. CLEC may utilize its existing facilities or the existing facilities of CLEC's interexchange carrier affiliate(s) (IXC), at the serving wire center locations where CLEC or its IXC have a facilities presence for switched and/or dedicated access traffic; or 4.4.5. CLEC may by purchase Special Access or switched dedicated access transport facilities and services from ILEC as provided for in Section 4.8; or 4.4.6. CLEC may utilize the transport facilities from a third party; or 4.4.7. CLEC may utilize any other arrangement that the Parties may agree meets the requirements of Section 4. 4.5. When establishing a POI required by Section 4, ILEC will allow CLEC to establish local interconnection trunk groups to transport local or intraLATA traffic utilizing the facilities of any of CLEC's multiple CLEC affiliates; provided, however, that each CLEC affiliate's traffic will be assigned a separate trunk group on the facility. ILEC will also allow CLEC to establish local interconnection trunk groups to transport local and intraLATA traffic utilizing the access facilities of CLEC's IXC affiliate(s); provided, however, that each CLEC affiliate's traffic will be assigned a separate trunk group and CLEC may not combine local interconnection and inter-exchange access traffic over the same trunk group on the IXC facility.

POI Requirements. 4.1. 4.1 In order to qualify for receipt of compensation for Virtual FX traffic as defined in Section 13.2 14.4.1 of this Amendment at the rates provided in the Rate Schedule, attached hereto and made a part hereof as Exhibit AB, CLEC must achieve and maintain the minimum points of interconnection and trunk engineering guidelines set forth in Sections 4. 4 through 6. 6 of this Amendment. 4.2. 4.2 Compliance with the provisions of this Amendment shall be on a local calling area by local calling area basis, which means that CLEC’s eligibility to receive reciprocal compensation for Virtual FX traffic as defined in Section 13.2 14.4.1 of this Amendment shall not be restricted except for the particular local calling area for the same period during which it is not in compliance with Sections 4. 4 through 6. 6 of this Amendment. 4.3. 4.3 CLEC will exert commercially reasonable efforts in each ILEC state to establish a physical POI in each mandatory local calling area in which it has listed telephone numbers (NPA/NXXs) in the Local Exchange Routing Guide (LERG) or from where CLEC ports telephone numbers listed in the LERG by other local exchange carriers (including ILEC companies). 4.3.1. 4.3.1 In California, Nevada, Connecticut, Michigan, Ohio, Indiana, Illinois and Wisconsin, the Parties agree that Section 4. 4 is satisfied, as to all sub-tending end offices and rate centers in which CLEC has established a dialable telephone number local to the rate center or ports any number established by other local exchange carriers (including ILEC companies), if a physical POI is established at the appropriate local or access tandem serving, or at any mutually agreed end office within, within the rate center. 4.3.2. 4.3.2 In Arkansas, Missouri, Kansas, Oklahoma and Texas, the Parties agree that Section 4. 4 is satisfied, as to all sub-tending end offices and rate centers where CLEC has established a dialable telephone number local to the rate center or ports any number established by other local exchange carriers (including ILEC companies), if a physical POI is established at the appropriate tandem, if applicable, or any mutually agreed end office within, within the local exchange area. 4.4. 4.4 When establishing a POI required under Section 4. 4 of this Amendment, the Parties agree: 4.4.1. 4.4.1 CLEC may utilize existing interconnection arrangements at existing POIs, including the mid-span fiber meet architecture in service or being currently jointly planned; or 4.4.2. 4.4.2 CLEC may utilize its collocation facilities in end offices or local tandems within the local calling area or tandem serving area, including, but not limited to fiber cable handoffs. Where CLEC has spare fiber cable in an existing collocation space, CLEC may establish interconnection by terminating such fiber cable to an ILEC fiber optic terminal (FOT). This fiber cable handoff from CLEC’s collocation facility to an ILEC FOT shall be in accordance with the applicable collocation provisions in the ICA, interconnection agreement or state tariff. If there are no provisions in the ICA, interconnection agreement or state tariff, then the fiber cable hand- off will be as mutually agreed upon by the Parties; or 4.4.3. 4.4.3 CLEC may utilize new, mutually agreed upon, mid-span fiber meets, where CLEC will connect to the ILEC FOT by providing fiber cable at the last entrance (or agreed upon) manhole outside of the tandem, or at the last entrance ( (or agreed upon) manhole outside of an end office in the rate center where the Parties agree to interconnection at an end office; or 4.4.4. 4.4.4 CLEC may utilize its existing facilities or the existing facilities of CLEC's interexchange carrier affiliate(s) (IXC), at the AT&T serving wire center locations where CLEC or its IXC have a facilities presence for switched and/or dedicated access traffic; or 4.4.5. 4.4.5 CLEC may by purchase Special Access or switched dedicated access transport facilities and services from ILEC as provided for in Section 4.8; or 4.4.6. 4.4.6 CLEC may utilize the transport facilities from a third party; or 4.4.7. 4.4.7 CLEC may utilize any other arrangement that the Parties may agree meets the requirements of Section 4. 4.5 The Parties acknowledge that CLEC is currently operating under multiple ICAs in certain states in the AT&T-13-state region. 4.5. When Therefore, when establishing a POI required by Section 4, ILEC will allow CLEC to establish local interconnection trunk groups to transport 251(b)(5) Traffic, ISP-bound Traffic and/or intraLATA traffic utilizing any of CLEC’s facilities; provided, however, that CLEC must utilize a separate trunk group on the facility for traffic exchanged under each separate ICA in a state and may not combine traffic from more than one ICA on any trunk group. If CLEC has multiple switches in a LATA operating under a single ICA, CLEC may establish local or interconnection trunk groups to transport local and/or intraLATA traffic utilizing the facilities of any of CLEC's ’s multiple CLEC affiliatesswitches in a LATA; provided, however, that traffic from each CLEC affiliate's traffic switch will be assigned routed over a separate trunk group on the facility. ILEC will also allow CLEC to establish local interconnection trunk groups to transport local and and/or intraLATA traffic utilizing the access facilities of CLEC's ’s IXC affiliate(s); provided, however, that each CLEC affiliate's traffic will be assigned must utilize a separate trunk group on the facility for traffic exchanged under each separate ICA in a state and may not combine traffic from more than one ICA on any trunk group. CLEC may not combine local interconnection and inter-exchange access traffic over the same trunk group group. 4.6 Where CLEC and ILEC have an existing interconnection architecture that meets the POI requirements described above, this existing interconnection architecture cannot be changed (including without limitation the elimination or decommissioning of a POI) without the mutual agreement of both Parties. However, subject to Sections 4.2 and 4.3 above, the Parties agree that CLEC may decommission a POI in the event that traffic exchanged through that POI is less than a T1 for three consecutive months, provided, however, CLEC must maintain a POI in each LATA in which it has listed telephone numbers (NPA/NXXs) in the Local Exchange Routing Guide (LERG) or from where CLEC ports telephone numbers listed in the LERG by other local exchange carriers (including ILEC companies). CLEC must provide ILEC thirty (30) days prior written notice before decommissioning any POI. 4.7 When a new POI is established under Section 4, ILEC shall be responsible for the provisioning of facilities on its side of the POI and CLEC shall be responsible for the provisioning of facilities from its side of the POI back to the CLEC facilities and network. 4.8 When CLEC establishes a POI by purchasing Special Access facilities and services or switched dedicated access transport facilities and services from ILEC, these facilities shall be considered available for local interconnection trunks; provided, however, that CLEC shall be responsible for the ordering and cost. CLEC may purchase these facilities and services out of the ILEC’s intrastate access tariffs or interstate access tariffs, access contracts or other access pricing plans as authorized by the FCC. Except as provided in Section 4.8.1 below, CLEC will submit orders to the applicable ILEC Access Service Center (ASC) and the orders will be governed by the ordering and provisioning terms of the applicable FCC Access tariff. 4.8.1 Where CLEC establishes a new POI by purchasing Special Access facilities from ILEC, the Parties agree that where facilities exist between the new POI to be established and an existing CLEC POI, the new POI may be established as a “Billing POI” by utilizing existing facilities without physically moving trunks onto a newly established dedicated facility. When establishing such a “Billing POI”, the CLEC will issue an order to the applicable ILEC ASC for its use of bandwidth on the IXC existing facility, if the facilities were to be installed. In this manner, the Parties agree that new facilities need not be physically established and any ordering and installation and engineering charges shall not apply. 4.8.2 The Parties reserve their rights to challenge in any manner the rates, terms and conditions upon which the dedicated services or facilities referred to in this Section 4.8 are provided by ILEC, including but not limited to challenges pursuant to the dispute resolution provisions of the applicable ICA or interconnection agreement, regardless of the time limits contained therein.

POI Requirements. 4.1. In order to qualify for receipt of compensation for Virtual FX traffic as defined in Section 13.2 of this Amendment at the rates provided in the Rate Schedule, attached hereto and made a part hereof as Exhibit A, CLEC must achieve and maintain the minimum points of interconnection and trunk engineering guidelines set forth in Sections 4. 4 through 6. 6 of this Amendment. 4.2. Compliance with the provisions of this Amendment shall be on a local calling area by local calling area basis, which means that CLEC’s eligibility to receive reciprocal compensation for Virtual FX traffic as defined in Section 13.2 of this Amendment shall not be restricted except for the particular local calling area for the same period during which it is not in compliance with Sections 4. 4 through 6. 6 of this Amendment. 4.3. CLEC will exert commercially reasonable efforts in each ILEC state to establish a physical POI in each mandatory local calling area in which it has listed telephone numbers (NPA/NXXs) in the Local Exchange Routing Guide (LERG) or from where CLEC ports telephone numbers listed in the LERG by other local exchange carriers (including ILEC companies). 4.3.1. In California, Nevada, Connecticut, Michigan, Ohio, Indiana, Illinois and Wisconsin, the Parties agree that Section 4. 4 is satisfied, as to all sub-tending end offices and rate centers in which CLEC has established a dialable telephone number local to the rate center or ports any number established by other local exchange carriers (including ILEC companies), if a physical POI is established at the appropriate local or access tandem serving, or at any mutually agreed end office within, the rate center. 4.3.2. In Arkansas, Missouri, Kansas, Oklahoma and Texas, the Parties agree that Section 4. 4 is satisfied, as to all sub-tending end offices and rate centers where CLEC has established a dialable telephone number local to the rate center or ports any number established by other local exchange carriers (including ILEC companies), if a physical POI is established at the appropriate tandem, if applicable, or any mutually agreed end office within, the local exchange area. 4.4. When establishing a POI required under Section 4. 4 of this Amendment, the Parties agree: 4.4.1. CLEC may utilize existing interconnection arrangements at existing POIs, including the mid-span fiber meet architecture in service or being currently jointly planned; or 4.4.2. CLEC may utilize its collocation facilities in end offices or local tandems within the local calling area or tandem serving area, including, but not limited to fiber cable handoffs. Where CLEC has spare fiber cable in an existing collocation space, CLEC may establish interconnection by terminating such fiber cable to an ILEC fiber optic terminal (FOT). This fiber cable handoff from CLEC’s collocation facility to an ILEC FOT shall be in accordance with the applicable collocation provisions in the ICA, interconnection agreement or state tariff. If there are no provisions in the ICA, interconnection agreement or state tariff, then the fiber cable hand- off will be as mutually agreed upon by the Parties; or 4.4.3. CLEC may utilize new, mutually agreed upon, mid-span fiber meets, where CLEC will connect to the ILEC FOT by providing fiber cable at the last entrance (or agreed upon) manhole outside of the tandem, or at the last entrance ( (or agreed upon) manhole outside of an end office in the rate center where the Parties agree to interconnection at an end office; or 4.4.4. CLEC may utilize its existing facilities or the existing facilities of CLEC's interexchange carrier affiliate(s) (IXC), at the serving wire center locations where CLEC or its IXC have a facilities presence for switched and/or dedicated access traffic; or 4.4.5. CLEC may by purchase Special Access or switched dedicated access transport facilities and services from ILEC as provided for in Section 4.8; or 4.4.6. CLEC may utilize the transport facilities from a third party; or 4.4.7. CLEC may utilize any other arrangement that the Parties may agree meets the requirements of Section 4. 4.5. When establishing a POI required by Section 4, ILEC will allow CLEC to establish local interconnection trunk groups to transport local or intraLATA traffic utilizing the facilities of any of CLEC's multiple CLEC affiliates; provided, however, that each CLEC affiliate's traffic will be assigned a separate trunk group on the facility. ILEC will also allow CLEC to establish local interconnection trunk groups to transport local and intraLATA traffic utilizing the access facilities of CLEC's IXC affiliate(s); provided, however, that each CLEC affiliate's traffic will be assigned a separate trunk group and CLEC may not combine local interconnection and inter-exchange access traffic over the same trunk group on the IXC facility. 4.6. Where CLEC and ILEC have an existing interconnection architecture that meets the POI requirements described above, this existing interconnection architecture cannot be changed without the mutual agreement of both Parties; provided, however, nothing herein shall prevent CLEC from eliminating or decommissioning a POI at its option. 4.7. When a new POI is established under Section 4, ILEC shall be responsible for the provisioning and cost of facilities on its side of the POI and CLEC shall be responsible for the provisioning and cost of facilities from its side of the POI back to the CLEC facilities and network. 4.8. When CLEC establishes a POI by purchasing Special Access facilities and services or switched dedicated access transport facilities and services from ILEC, these facilities shall be considered available for local interconnection trunks; provided, however, that CLEC shall be responsible for the ordering and cost. CLEC may purchase these facilities and services out of the ILEC’s intrastate access tariffs or interstate access tariffs, access contracts or other access pricing plans as authorized by the FCC. Except as provided in Section 4.8.1 below, CLEC will submit orders to the applicable ILEC Access Service Center (ASC) and the orders will be governed by the ordering and provisioning terms of the applicable FCC Access tariff. 4.8.1. Where CLEC establishes a new POI by purchasing Special Access facilities from ILEC, the Parties agree that where facilities exist between the new POI to be established and an existing CLEC POI, the new POI may be established as a “Billing POI” by utilizing existing facilities without physically moving trunks onto a newly established dedicated facility. When establishing such a “Billing POI”, the CLEC will issue an order to the applicable ILEC ASC for its use of bandwidth on the existing facility, if the facilities were to be installed. In this manner, the Parties agree that new facilities need not be physically established and any ordering and installation and engineering charges shall not apply. 4.8.2. The Parties reserve their rights to challenge in any manner the rates, terms and conditions upon which the dedicated services or facilities referred to in this Section 4.6 are provided by ILEC, including but not limited to challenges pursuant to the dispute resolution provisions of the applicable ICA or interconnection agreement, regardless of the time limits contained therein.