Common use of Reciprocal Compensation Arrangements 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 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 's or Requesting Carrier’s physical switch 's network for termination on the other Party’s physical switch's network. 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 only the tandem rate (i.e. for End Office Local Termination, Tandem Switching, Tandem Transport Termination, and Tandem Transport Mileage).3/ . The Parties’ obligation to pay Reciprocal Compensation to each the other Party 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 “live” traffic. / This Agreement, entered into pursuant to Section 252(i) of the Telecommunications Act, is based on an approved contract previously entered into by Ameritech Illinois and terminating Customer Rhythms Links, Inc. f/k/a Accelerated Connections, Inc. There was no meeting of the minds of those original parties that Internet traffic would be subject to reciprocal compensation as Local Traffic under that contract. The FCC has repeatedly asserted its interstate jurisdiction over Internet traffic, including as recently as in its Declaratory Ruling in CC Docket 96-98, released February 26, 1999, in which the FCC expressly confirmed that Internet bound traffic is non-local interstate traffic. For this reason, SBC/Ameritech does not believe this Agreement provides local reciprocal compensation for Internet traffic and fully reserves its rights on this issue, including the right to invoke the dispute resolution or other lawful procedures to challenge any contention by any (a) The Reciprocal Compensation arrangements set forth in this Agreement are not applicable to Switched Exchange Access Service. All Exchange Access traffic and not a Party’s test) traffic. 4.7.2 Each Party all IntraLATA Toll Traffic shall charge continue to be governed by the other Party its effective terms and conditions of the 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 tariffs. The Parties acknowledge that they dispute whether they should pay each other Reciprocal Compensation for transport traffic delivered to an ISP (including Internet traffic), and termination that the FCC has stated that the issue is now before it. (In re Federal-State Joint Board on Universal Service, FCC 98-67, Report to Congress, CC Docket No. 96-45, Paragraph 106, n.220 (April 10, 1998.) Accordingly, the Parties agree to abide by the FCC’s final and non-appealable determination of all that issue, as further set forth, herein. Pending the FCC’s determination of that issue, the Parties agree not to pay each other Reciprocal Compensation for traffic which has been subject delivered to performance of INP by one an ISP (including Internet traffic). If the FCC determines that the Reciprocal Compensation should be paid for traffic delivered to an ISP (including Internet traffic), each Party for shall (1) thereupon pay into an interest-bearing escrow account the Reciprocal Compensation amount it owes the other Party pursuant in accordance with the FCC’s determination, retroactive to Article XIII shall be as specified in Section 13.7. 3/ By entering into this Agreementthe Effective Date, 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.and

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 IV.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 's or Requesting Carrier’s physical switch 's network for termination on the other Party’s physical switch's network. 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 only the tandem rate (i.e. for End Office Local Termination, Tandem Switching, Tandem Transport Termination, and Tandem Transport Mileage).3/ . The Parties’ Parties obligation to pay Reciprocal Compensation to each the other Party 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) live traffic. 4.7.2 (a) The Parties agree to abide by the final and nonappealable FCC, Commission or judicial decisions or orders that resolve this issue as to whether ISP traffic (including Internet traffic) is Local Traffic and therefore subject to Reciprocal Compensation. Pending the final and nonappealable outcome of these proceedings, the Parties agree not to pay Reciprocal Compensation on ISP traffic terminated to the other Party. Contingent upon the final and nonappealable orders, the Parties agree to compensate each other for ISP traffic (either as Reciprocal Compensation if such traffic is Local Traffic or pursuant to Article VI if such traffic is Exchange Access traffic or such other methodology adopted by the foregoing orders) retroactive to the Effective Date of this Agreement. (b) Each Party agrees to cooperate with the other Party and take any and all reasonable steps to identify all ISP traffic that originated on its network that is routed to the other Party. Not less than thirty (30) days before the first Interconnection Activation Date, and thereafter by the twenty-second (22nd) day of each calendar month during the Term, each Party shall provide the other Party a comprehensive list of each NPA-NXX-XXXX that is assigned to or used by an ISP and to which such first Party routed calls during the preceding calendar month. In each monthly report, the list shall also include the number of minutes of traffic that such Party believes was delivered to each ISP during the preceding month and an identification of those numbers that are used solely for administrative use (i.e., traffic that is not destined for the Internet). Notwithstanding Section 20.1.1, any information disclosed by one Party to the other Party pursuant to this Section 4.7.2(b) shall be deemed Proprietary Information under Article XX. IV.7.3 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 IV.7.4 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 IV.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 's or Requesting Carrier’s physical switch 's network for termination on the other Party’s physical switch's network. 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 only the tandem rate (i.e. for End Office Local Termination, Tandem Switching, Tandem Transport Termination, and Tandem Transport Mileage).3/ . The Parties’ obligation to pay Reciprocal Compensation to each the other Party 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 “live” traffic. 8822090.1 102708 1111C 96252093 IV.7.2 (a) The Parties agree to abide by the final and terminating Customer nonappealable FCC, Commission or judicial decisions or orders that resolve this issue as to whether ISP traffic (including Internet traffic) is Local Traffic and therefore subject to Reciprocal Compensation. Pending the final and nonappealable outcome of these proceedings, the Parties agree not a Party’s test) traffic. 4.7.2 Each Party shall charge to pay Reciprocal Compensation on ISP traffic terminated to the other Party its effective applicable federal Party. Contingent upon the final and state tariffed intraLATA FGD switched access rates nonappealable orders, the Parties agree to compensate each other for those functions a Party performs relating to the transport and termination of IntraLATA Toll Traffic. 4.7.3 ISP traffic (either as Reciprocal Compensation for transport and termination of all if such traffic which has been subject to performance of INP by one Party for the other Party is Local Traffic or pursuant to Article XIII shall be as specified in Section 13.7. 3/ By entering into VI if such traffic is Exchange Access traffic or such other methodology adopted by the foregoing orders) retroactive to the Effective Date of 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)) from the Effective Date of this Agreement (September 14, 2000) through June 13, 2001. Compensation for the transport and termination of Local Traffic Traffic, ISP traffic and IntraLATA Toll Traffic shall be pursuant to this Section 4.74.7 from the Effective Date of this Agreement (September 14, 2000) through June 13, 2001. Compensation for the transport and termination of any Exchange Access Traffic shall be pursuant to Article VI. 4.7.1 Reciprocal Compensation applies for transport and termination of Local Traffic and Information Access Traffic billable by CBT or CLEC that a Telephone Exchange Service Customer originates on CBT's or CLEC's network for termination on the other Party's network. The Parties shall compensate each other for such transport and termination of Local Traffic at the rates provided in the Pricing Schedule; provided, however, that compensation for local traffic and Information Access traffic will be reciprocal and symmetrical. The Party on whose network the call originates shall pay the Party on whose network the call terminates as follows: (a) Local traffic between the Parties on trunks between CLEC’s switch and CBT’s tandem switch will be rated as Tandem switched calls (utilizing the tandem switching, tandem transport facility mileage and end office local termination rate elements), and (b) Local traffic on direct trunks between CBT’s end office switches and CLEC’s switch will be rated as End Office to End Office calls (utilizing the end office local termination rate element) 4.7.1.1 For purposes of this Agreement, ISP Traffic is treated separately from other traffic for compensation purposes. CBT and ICG shall not be obligated to pay compensation to each other for ISP Traffic unless and until a final and appealable determination (which in the case of the Commission shall mean an order on rehearing if a timely petition for rehearing is filed) is made, on or after the effective date of this agreement by the Commission, federal administrative body, or a federal or state judicial body having jurisdiction to render such determination, requiring carriers in the State of Ohio to pay each other compensation for ISP Traffic, and such determination (which if issued in the context of a complaint proceeding is made applicable to all carriers) reflects the generic policy determination of that administrative or judicial body as to compensation for ISP Traffic, irrespective of the language contained in any specific interconnection agreement (“ISP Determination”). The Parties agree to apply such ISP Determination retroactively to the effective date of this Agreement. The Parties agree that they shall not delay or seek a stay of the payment of compensation for ISP Traffic, nor shall they take advantage of a stay granted to a third party to delay in any manner the payment of compensation under this Section. Notwithstanding this Agreement, neither Party waives any right to appeal or otherwise challenge the validity of the ISP Determination. For a payment made under this Section, if a final and non-appealable administrative agency or judicial decision is rendered which has the effect of changing a Party’s obligation to pay compensation for ISP Traffic, any amounts paid to the payee shall be repaid to the payor within thirty (30) days of the date of the decision. If such re-payment under this Section is made, it shall bear interest at eight percent (8%) per year compounded annually from the date the original payment was made. In the event that such payment or repayment is not made in a timely manner, then the Party to which payment or repayment is due shall be entitled, among its remedies, to set off the amount of such repayment against any amount that Party owes the other Party and to interest as set forth in Section 27.8. (i) At the time of the ISP Determination, each Party shall calculate the total dollar amount for the ISP Traffic from the effective date of this Agreement, through June 13, 2001, provide this information in written form to the other Party and submit an invoice to the other Party for any amounts due. The Parties agree to verify and reconcile the information and pay each other all undisputed amounts within thirty (30) days of receipt of an invoice. Section 27.8 applies to payment of such invoiced amounts. (ii) If an ISP Determination is not made prior to the end of this Agreement, any ISP Traffic amounts from the effective date of this Agreement through June 13, 2001 shall remain unpaid until an ISP Determination is made. 4.7.2 The Reciprocal Compensation arrangements set forth in this Section 4.7 Agreement are not applicable to (i) Switched 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 CommissionService. 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 Switched Exchange Access traffic Service and all IntraLATA Toll Traffic shall continue to be governed by the terms and conditions of the 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 4.7.3 Each Party shall charge the other Party its effective applicable federal federal-and state state-tariffed intraLATA FGD 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 applicableall IntraLATA Toll Traffic.

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 IV.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 's or Requesting Carrier’s physical switch 's network for termination on the other Party’s physical switch's network. 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 only the tandem rate (i.e. for End Office Local Termination, Tandem Switching, Tandem Transport Termination, and Tandem Transport Mileage).3/ . The Parties’ obligation to pay Reciprocal Compensation to each the other Party 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) “live” traffic. 4.7.2 IV.7.2 The Reciprocal Compensation arrangements set forth in this Agreement are not applicable to Switched Exchange Access Service. Compensation for the transport and termination of any Exchange Access traffic, including Exchange Access traffic delivered to ISPs, shall be pursuant to Article VI.2 All Exchange Access traffic and all IntraLATA Toll Traffic shall continue to be governed by the terms and conditions of the applicable federal and state tariffs. IV.7.3 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 IV.7.4 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.to 4.7.1 IV.7.1 Reciprocal Compensation applies for transport and termination of Local Traffic billable by Ameritech or Requesting Carrier Frontier which a Telephone Exchange Service Customer originates on Ameritech’s 's or Requesting Carrier’s physical switch Frontier's network for termination on the other Party’s physical switch's network. 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 Frontier shall be paid only the tandem rate (i.e. for End Office Local Termination, Tandem Switching, Tandem Transport Termination, and Tandem Transport Mileage).3/ . The Parties’ obligation to pay Reciprocal Compensation to each the other Party 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) “live” traffic. 4.7.2 (a) The Parties agree not to pay Reciprocal Compensation on traffic which originates on a Party's physical switch, is transported and handed off to the other Party and then routed/delivered to an ISP Point of Presence. (b) Each Party agrees to cooperate with the other Party and take any and all reasonable steps to identify all ISP traffic that originated on its network that is routed to the other Party. Not less than thirty (30) days before the first Interconnection Activation Date, and thereafter by the twenty-second (22nd) day of each calendar month during the Term, each Party shall provide the other Party a comprehensive list of each NPA-NXX-XXXX that is assigned to or used by an ISP and to which such first Party routed calls during the preceding calendar month. In each monthly report, the list shall also include the number of minutes of traffic that such Party believes was delivered to each ISP during the preceding month and an identification of those numbers that are used solely for administrative use (i.e., traffic that is not destined for the Internet). Notwithstanding Section 20.1.1, any information disclosed by one Party to the other Party pursuant to this Section 4.7.2(b) shall be deemed “Proprietary Information” under Article XX. IV.7.3 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 IV.7.4 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 IV.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 's or Requesting Carrier’s physical switch 's network for termination on the other Party’s physical switch's network. 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 only the tandem rate (i.e. for End Office Local Termination, Tandem Switching, Tandem Transport Termination, and Tandem Transport Mileage).3/ . The Parties’ obligation to pay Reciprocal Compensation to each the other Party 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) “live” traffic. 4.7.2 (a) The Reciprocal Compensation arrangements set forth in this Agreement are not applicable to Switched Exchange Access Service. All Exchange Access traffic and all IntraLATA Toll Traffic shall continue to be governed by the terms and conditions of the applicable federal and state tariffs. The Parties acknowledge that they dispute whether they should pay each other Reciprocal Compensation for traffic delivered to an ISP (including Internet traffic), and that the FCC has stated that the issue is now before it. (In re Federal-State Joint Board on Universal Service, FCC 98-67, Report to Congress, CC Docket No. 96-45, Paragraph 106, n.220 (April 10, 1998.) Accordingly, the Parties agree to abide by the FCC’s final and non-appealable determination of that issue, as further set forth, herein. Pending the FCC’s determination of that issue, the Parties agree not to pay each other Reciprocal Compensation for traffic delivered to an ISP (including Internet traffic). If the FCC determines that the Reciprocal Compensation should be paid for traffic delivered to an ISP (including Internet traffic), each Party shall (1) thereupon pay into an interest- bearing escrow account the Reciprocal Compensation amount it owes the other Party in accordance with the FCC’s determination, retroactive to the Effective Date, and (2) thereafter pay into the same escrow account Reciprocal Compensation amounts as they come due in accordance with the FCC’s determination. When any such FCC determination becomes final and non- appealable, the escrowed amounts shall be disbursed in accordance with that final and non-appealable outcome. (b) Each Party agrees to cooperate with the other Party and take any and all reasonable steps to identify all ISP traffic that originated on its network that routed to the other Party. Not less than thirty (30) days before the first Interconnection Activation Date, and thereafter by the twenty-second (22nd) day of each calendar month during the Term, each Party shall provide the other Party a comprehensive list of each NPA NXX XXXX that is assigned to or used by an ISP and to which such first Party routed calls during the preceding calendar month. In each monthly report, the list shall also include the number of minutes of traffic that such Party believes was delivered to each ISP during the preceding month and an identification of those numbers that are used solely for administrative use (i.e., traffic that is not destined for the Internet). Notwithstanding Section 20.1.1, any information disclosed by one Party to the other Party pursuant to this Section 4.7.2(b) shall be deemed “Proprietary Information” under Article XX. IV.7.3 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 IV.7.4 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. The Parties’ obligation to pay Reciprocal Compensation to the other Party shall commence on the date the Parties agree that the network is complete and each Party can and is terminating “live” traffic to the other Party. 4.7.1 IV.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 's or Requesting Carrier’s physical switch 's network for termination on the other Party’s physical switch's network. 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 to the extent Requesting Carrier’s Switch does not serve a geographic area comparable to the area served by Ameritech’s Tandem Switch, Requesting Carrier shall be paid only the tandem rate (i.e. for End Office Local Termination. If the Parties are unable to agree as to the geographic coverage of Requesting Carrier’s Switch, Tandem Switching, Tandem Transport Termination, and Tandem Transport Mileage).3/ the Parties shall seek a Commission determination as to such geographic coverage. The Parties’ obligation to pay Reciprocal Compensation to each the other Party 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) “live” traffic. 4.7.2 Each Party shall charge (a) The Parties agree to abide by the final and nonappealable FCC, Commission or judicial decisions or orders that resolve this issue as to whether ISP traffic (including Internet traffic) is Local Traffic and therefore subject to Reciprocal Compensation. Pending the final and nonappealable outcome of these proceedings, the Parties agree not to pay Reciprocal Compensation on ISP traffic terminated to the other Party its effective applicable federal Party. Contingent upon the final and state tariffed intraLATA FGD switched access rates nonappealable orders, the Parties agree to compensate each other for those functions a Party performs relating to the transport and termination of IntraLATA Toll Traffic. 4.7.3 ISP traffic (either as Reciprocal Compensation for transport and termination of all if such traffic which has been subject to performance of INP by one Party for the other Party is Local Traffic or pursuant to Article XIII shall be as specified in Section 13.7. 3/ By entering into VI if such traffic is Exchange Access traffic or1/ such other methodology adopted by the foregoing orders) retroactive to the Effective Date of 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.