Common use of Reciprocal Compensation Arrangements -- Section 251(b)(5) Clause in Contracts

Reciprocal Compensation Arrangements -- Section 251(b)(5). Compensation for the transport and termination of Local Traffic and IntraLATA Toll Traffic shall be pursuant to this Section 4.7. The Reciprocal Compensation arrangements set forth in this Section 4.7 are not applicable to (i) Exchange Access traffic, (ii) traffic terminated to Requesting Carrier using Ameritech’s unbundled switching and for which the Requesting Carrier incurs no incremental cost to terminate traffic, (iii) traffic originated by one Party on a number ported to its network that terminates to another number ported on that same Party’s network or (iv) any other type of traffic found to be exempt from Reciprocal Compensation by the FCC or the Commission. Pursuant to the arbitration decision of the Commission with respect to this Agreement in Docket No. 00-0027 (“Arbitration Decision”), the Reciprocal Compensation arrangements are applicable to Internet Service Provider(“ISP”)-bound traffic.2/ All Exchange Access traffic and IntraLATA Toll Traffic shall continue to be governed by the terms and conditions of applicable federal and state tariffs. Compensation for traffic that is delivered through Transit Service shall be pursuant to Section 7.2. 4.7.1 Reciprocal Compensation applies for transport and termination of Local Traffic billable by Ameritech or Requesting Carrier which a Telephone Exchange Service Customer originates on Ameritech’s or Requesting Carrier’s physical switch for termination on the other Party’s physical switch. The originating Party shall compensate the terminating Party for the transport and termination of Local Traffic for the function(s) provided by that terminating Party at the rate(s) provided at Item II of the Pricing Schedule; provided that Requesting Carrier shall be paid the tandem rate (i.e. End Office Local Termination, Tandem Switching, Tandem Transport Termination, and Tandem Transport Mileage).3/ The Parties’ obligation to pay Reciprocal Compensation to each other shall commence on the date the Parties agree that the network is complete (i.e., each Party has established its originating trunks as well as any ancillary functions (e.g., 9-1-1)) and capable of fully supporting originating and terminating Customer (and not a Party’s test) traffic. 4.7.2 Each Party shall charge the other Party its effective applicable federal and state tariffed intraLATA FGD switched access rates for those functions a Party performs relating to the transport and termination of IntraLATA Toll Traffic. 4.7.3 Compensation for transport and termination of all traffic which has been subject to performance of INP by one Party for the other Party pursuant to Article XIII shall be as specified in Section 13.7. 3/ By entering into this Agreement, Ameritech does not agree that ISP-bound traffic is “local” for the purposes of application of reciprocal compensation under the Act, nor is Ameritech voluntarily agreeing to pay reciprocal compensation for the transport and termination of ISP-bound traffic. Moreover, Ameritech reserves its rights to appeal or otherwise seek review of the Arbitration Decision. Further, Ameritech reserves its rights to take advantage of any Commission decision in the proceeding that it will open dealing with reciprocal compensation, including possible true-up or retroactive payment. 4/ By entering into this Agreement, Ameritech does not agree that, based on its current network configuration, Requesting Carrier is entitled to compensation for tandem switching and transport, nor is Ameritech voluntarily agreeing to pay reciprocal compensation for tandem switching and transport in this case. Moreover, Ameritech reserves its rights to appeal or otherwise seek review of the Arbitration Decision. Moreover, Ameritech reserves its rights to seek a modification of this provision if the configuration of Requesting Carrier’s network were to change such that the factual assumptions behind the Arbitration Decision in this regard were no longer applicable.

Reciprocal Compensation Arrangements -- Section 251(b)(5). Compensation for the transport and termination of Local Traffic and IntraLATA Toll Traffic shall be pursuant to this Section 4.7. The Reciprocal Compensation arrangements set forth in this Section 4.7 are not applicable to (i) Exchange Access traffic, (ii) traffic terminated to Requesting Carrier using Ameritech’s unbundled switching and for which the Requesting Carrier incurs no incremental cost to terminate traffic, (iii) traffic originated by one Party on a number ported to its network that terminates to another number ported on that same Party’s network or (iv) any other type of traffic found to be exempt from Reciprocal Compensation by the FCC FCC 12716496.1 110201 1406C 00650405 or the Commission. Pursuant to the arbitration decision of the Commission with respect to this Agreement in Docket No. 00-0027 (“Arbitration Decision”), the Reciprocal Compensation arrangements are applicable to Internet Service Provider(“ISP”)-bound traffic.2/ traffic.1/ All Exchange Access traffic and IntraLATA Toll Traffic shall continue to be governed by the terms and conditions of applicable federal and state tariffs. Compensation for traffic that is delivered through Transit Service shall be pursuant to Section 7.2. 4.7.1 Reciprocal Compensation applies for transport and termination of Local Traffic billable by Ameritech or Requesting Carrier which a Telephone Exchange Service Customer originates on Ameritech’s or Requesting Carrier’s physical switch for termination on the other Party’s physical switch. The originating Party shall compensate the terminating Party for the transport and termination of Local Traffic for the function(s) provided by that terminating Party at the rate(s) provided at Item II of the Pricing Schedule; provided that Requesting Carrier shall be paid the tandem rate (i.e. End Office Local Termination, Tandem Switching, Tandem Transport Termination, and Tandem Transport Mileage).3/ Mileage).1/ The Parties’ obligation to pay Reciprocal Compensation to each other shall commence on the date the Parties agree that the network is complete (i.e., each Party has established its originating trunks as well as any ancillary functions (e.g., 9-1-1)) and capable of fully supporting originating and terminating Customer (and not a Party’s test) traffic. 4.7.2 Each Party shall charge the other Party its effective applicable federal and state tariffed intraLATA FGD switched access rates for those functions a Party performs relating to the transport and termination of IntraLATA Toll Traffic. 4.7.3 Compensation for transport and termination of all traffic which has been subject to performance of INP by one Party for the other Party pursuant to Article XIII shall be as specified in Section 13.7. 3/ 2/ By entering into this Agreement, Ameritech does not agree that ISP-bound traffic is “local” for the purposes of application of reciprocal compensation under the Act, nor is Ameritech voluntarily agreeing to pay reciprocal compensation for the transport and termination of ISP-bound traffic. Moreover, Ameritech reserves its rights to appeal or otherwise seek review of the Arbitration Decision. Further, Ameritech reserves its rights to take advantage of any Commission decision in the proceeding that it will open dealing with reciprocal compensation, including possible true-up or retroactive payment. 4/ 3/ By entering into this Agreement, Ameritech does not agree that, based on its current network configuration, Requesting Carrier is entitled to compensation for tandem switching and transport, nor is Ameritech voluntarily agreeing to pay reciprocal compensation for tandem switching and transport in this case. Moreover, Ameritech reserves its rights to appeal or otherwise seek review of the Arbitration Decision. Moreover, Ameritech reserves its rights to seek a modification of this provision if the configuration of Requesting Carrier’s network were to change such that the factual assumptions behind the Arbitration Decision in this regard were no longer applicable.. 12716496.1 110201 1406C 00650405

Reciprocal Compensation Arrangements -- Section 251(b)(5). Compensation for the transport and termination of Local Traffic and IntraLATA Toll Traffic shall be pursuant to this Section 4.7. The Reciprocal Compensation arrangements set forth in this Section 4.7 are not applicable to (i) Exchange Access traffic, (ii) traffic terminated to Requesting Carrier using Ameritech’s unbundled switching and for which the Requesting Carrier incurs no incremental cost to terminate traffic, (iii) traffic originated by one Party on a number ported to its network that terminates to another number ported on that same Party’s network or (iv) any other type of traffic found to be exempt from Reciprocal Compensation by the FCC or the Commission. Pursuant to the arbitration decision of the Commission with respect to this Agreement in Docket No. 00-0027 (“Arbitration Decision”), the Reciprocal Compensation arrangements are applicable to Internet Service Provider(“ISP”)-bound traffic.2/ traffic.1/ All Exchange Access traffic and IntraLATA Toll Traffic shall continue to be governed by the terms and conditions of applicable federal and state tariffs. Compensation for traffic that is delivered through Transit Service shall be pursuant to Section 7.2. 4.7.1 Reciprocal Compensation applies for transport and termination of Local Traffic billable by Ameritech or Requesting Carrier which a Telephone Exchange Service Customer originates on Ameritech’s or Requesting Carrier’s physical switch for termination on the other Party’s physical switch. The originating Party shall compensate the terminating Party for the transport and termination of Local Traffic for the function(s) provided by that terminating Party at the rate(s) provided at Item II of the Pricing Schedule; provided that Requesting Carrier shall be paid the tandem rate (i.e. End Office Local Termination, Tandem Switching, Tandem Transport Termination, and Tandem Transport Mileage).3/ Mileage).1/ The Parties’ obligation to pay Reciprocal Compensation to each other shall commence on the date the Parties agree that the network is complete (i.e., each Party has established its originating trunks as well as any ancillary functions (e.g., 9-1-1)) and capable of fully supporting originating and terminating Customer (and not a Party’s test) traffic. 4.7.2 Each Party shall charge the other Party its effective applicable federal and state tariffed intraLATA FGD switched access rates for those functions a Party performs relating to the transport and termination of IntraLATA Toll Traffic. 4.7.3 Compensation for transport and termination of all traffic which has been subject to performance of INP by one Party for the other Party pursuant to Article XIII shall be as specified in Section 13.7. 3/ 2/ By entering into this Agreement, Ameritech does not agree that ISP-bound traffic is “local” for the purposes of application of reciprocal compensation under the Act, nor is Ameritech voluntarily agreeing to pay reciprocal compensation for the transport and termination of ISP-bound traffic. Moreover, Ameritech reserves its rights to appeal or otherwise seek review of the Arbitration Decision. Further, Ameritech reserves its rights to take advantage of any Commission decision in the proceeding that it will open dealing with reciprocal compensation, including possible true-up or retroactive payment. 4/ 3/ By entering into this Agreement, Ameritech does not agree that, based on its current network configuration, Requesting Carrier is entitled to compensation for tandem switching and transport, nor is Ameritech voluntarily agreeing to pay reciprocal compensation for tandem switching and transport in this case. Moreover, Ameritech reserves its rights to appeal or otherwise seek review of the Arbitration Decision. Moreover, Ameritech reserves its rights to seek a modification of this provision if the configuration of Requesting Carrier’s network were to change such that the factual assumptions behind the Arbitration Decision in this regard were no longer applicable.

Reciprocal Compensation Arrangements -- Section 251(b)(5). Compensation for the transport and termination of Local Traffic and IntraLATA Toll Traffic shall be pursuant to this Section 4.7. The Reciprocal Compensation arrangements set forth in this Section 4.7 are not applicable to (i) Exchange Access traffic, (ii) traffic terminated to Requesting Carrier using Ameritech’s unbundled switching and for which the Requesting Carrier incurs no incremental cost to terminate traffic, (iii) traffic originated by one Party on a number ported to its network that terminates to another number ported on that same Party’s network or (iv) any other type of traffic found to be exempt from Reciprocal Compensation by the FCC or the Commission. Pursuant to the arbitration decision of the Commission with respect to this Agreement in Docket No. 00-0027 (“Arbitration Decision”), the Reciprocal Compensation arrangements are applicable to Internet Service Provider(“ISP”)-bound traffic.2/ All Exchange Access traffic and IntraLATA Toll Traffic shall continue to be governed by the terms and conditions of applicable federal and state tariffs. Compensation for traffic that is delivered through Transit Service shall be pursuant to Section 7.2. 4.7.1 Reciprocal Compensation applies for transport and termination of Local Traffic billable by Ameritech or Requesting Carrier which a Telephone Exchange Service Customer originates on Ameritech’s or Requesting Carrier’s physical switch for termination on the other Party’s physical switch. The originating Party shall compensate the terminating Party for the transport and termination of Local Traffic for the function(s) provided by that terminating Party at the rate(s) provided at Item II of the Pricing Schedule; provided that Requesting Carrier shall be paid the tandem rate (i.e. End Office Local Termination, Tandem Switching, Tandem Transport Termination, and Tandem Transport Mileage).3/ The Parties’ obligation to pay Reciprocal Compensation to each other shall commence on the date the Parties agree that the network is complete (i.e., each Party has established its originating trunks as well as any ancillary functions (e.g., 9-1-1)) and capable of fully supporting originating and terminating Customer (and not a Party’s test) traffic. 4.7.2 Each Party shall charge the other Party its effective applicable federal and state tariffed intraLATA FGD switched access rates for those functions a Party performs relating to the transport and termination of IntraLATA Toll Traffic. 4.7.3 Compensation for transport and termination of all traffic which has been subject to performance of INP by one Party for the other Party pursuant to Article XIII shall be as specified in Section 13.7. 3/ By entering into this Agreement, Ameritech does not agree that ISP-bound traffic is “local” for the purposes of application of reciprocal compensation under the Act, nor is Ameritech voluntarily agreeing to pay reciprocal compensation for the transport and termination of ISP-bound traffic. Moreover, Ameritech reserves its rights to appeal or otherwise seek review of the Arbitration Decision. Further, Ameritech reserves its rights to take advantage of any Commission decision in the proceeding that it will open dealing with reciprocal compensation, including possible true-up or retroactive payment. 4/ By entering into this Agreement, Ameritech does not agree that, based on its current network configuration, Requesting Carrier is entitled to compensation for tandem switching and transport, nor is Ameritech voluntarily agreeing to pay reciprocal compensation for tandem switching and transport in this case. Moreover, Ameritech reserves its rights to appeal or otherwise seek review of the Arbitration Decision. Moreover, Ameritech reserves its rights to seek a modification of this provision if the configuration of Requesting Carrier’s network were to change such that the factual assumptions behind the Arbitration Decision in this regard were no longer applicable.

Reciprocal Compensation Arrangements -- Section 251(b)(5). Compensation for the transport and termination of Local Traffic and IntraLATA Toll Traffic shall be pursuant to this Section 4.7. The Reciprocal Compensation arrangements set forth in this Section 4.7 are not applicable to (i) Exchange Access traffic, (ii) traffic terminated to Requesting Carrier using Ameritech’s unbundled switching and for which the Requesting Carrier incurs no incremental cost to terminate traffic, (iii) traffic originated by one Party on a number ported to its network that terminates to another number ported on that same Party’s network or (iv) any other type of traffic found to be exempt from Reciprocal Compensation by the FCC or the Commission. Pursuant to the arbitration decision of the Commission with respect to this Agreement in Docket No. 00-0027 (“Arbitration Decision”), the Reciprocal Compensation arrangements are applicable to Internet Service Provider(“ISP”)-bound traffic.2/ All Exchange Access traffic and IntraLATA Toll Traffic shall continue to be governed by the terms and conditions of applicable federal and state tariffs. Compensation for traffic that is delivered through Transit Service shall be pursuant to Section 7.2. 4.7.1 Reciprocal Compensation applies for transport and termination of Local Traffic billable by Ameritech or Requesting Carrier which a Telephone Exchange Service Customer originates on Ameritech’s or Requesting Carrier’s physical switch for termination on the other Party’s physical switch. The originating Party shall compensate the terminating Party for the transport and termination of Local Traffic for the function(s) provided by that terminating Party at the rate(s) provided at Item II of the Pricing Schedule; provided that Requesting Carrier shall be paid the tandem rate (i.e. End Office Local Termination, Tandem Switching, Tandem Transport Termination, and Tandem Transport Mileage).3/ The Parties’ obligation to pay Reciprocal Compensation to each other shall commence on the date the Parties agree that the network is complete (i.e., each Party has established its originating trunks as well as any ancillary functions (e.g., 9-1-1)) and capable of fully supporting originating and terminating Customer (and not a Party’s test) traffic. 4.7.2 Each Party shall charge the other Party its effective applicable federal and state tariffed intraLATA FGD switched access rates for those functions a Party performs relating to the transport and termination of IntraLATA Toll Traffic. 4.7.3 Compensation for transport and termination of all traffic which has been subject to performance of INP by one Party for the other Party pursuant to Article XIII shall be as specified in Section 13.7. 3/ By entering into this Agreement, Ameritech does not agree that ISP-bound traffic is “local” for the purposes of application of reciprocal compensation under the Act, nor is Ameritech voluntarily agreeing to pay reciprocal compensation for the transport and termination of ISP-bound traffic. Moreover, Ameritech reserves its rights to appeal or otherwise seek review of the Arbitration Decision. Further, Ameritech reserves its rights to take advantage of any Commission decision in the proceeding that it will open dealing with reciprocal compensation, including possible true-up or retroactive payment. 4/ By entering into this Agreement, Ameritech does not agree that, based on its current network configuration, Requesting Carrier is entitled to compensation for tandem switching and transport, nor is Ameritech voluntarily agreeing to pay reciprocal compensation for tandem switching and transport in this case. Moreover, Ameritech reserves its rights to appeal or otherwise seek review of the Arbitration Decision. Moreover, Ameritech reserves its rights to seek a modification of this provision if the configuration of Requesting Carrier’s network were to change such that the factual assumptions behind the Arbitration Decision in this regard were no longer applicable.