Common use of Reciprocal Compensation Arrangements Clause in Contracts

Reciprocal Compensation Arrangements. 5.1.1 The Parties shall compensate each other for the transport and termination of Reciprocal Compensation Traffic over the terminating carrier’s switch in accordance with Section 251(b)(5) of the Act at the rates provided in the Detailed Schedule of Itemized Charges (Exhibit A hereto), as may be amended from time to time in accordance with Exhibit A and Section 17 or, if not set forth therein, in the applicable Verizon Tariff(s). These rates are to be applied at the AWS-IP for traffic delivered by Verizon, and at the Verizon-IP for traffic delivered by AWS. No additional charges shall apply for the termination of such Reciprocal Compensation Traffic delivered to the Verizon-IP or the AWS-IP by the other Party, except as set forth in Exhibit A. When such Reciprocal Compensation Traffic is terminated over the same trunks as Toll Traffic, any port, transport or other applicable access charges related to the delivery of Toll Traffic from the IP to an end user shall be prorated using the CLUP Factor, to be applied only to the Toll Traffic. Subject to Section 5.1.2(c), the designation of traffic as Local Traffic for purposes of Reciprocal Compensation shall be based on the actual originating and terminating points of the complete end-to-end communication. 5.1.2 Transport and termination of the following types of traffic shall not be subject to the Reciprocal Compensation arrangements set forth in this Section 5.1, but instead shall be treated as described or referenced below: (a) Local Traffic originating with a third carrier and delivered by Verizon to AWS shall be treated as Tandem Transit Service under Section 6.1. (b) For any traffic originating with a third carrier and delivered by AWS to Verizon, AWS shall pay Verizon the same amount that such third carrier would have been obligated to pay Verizon for termination of that traffic at the location the traffic is delivered to Verizon by AWS. (c) Verizon and AWS have not reached agreement with respect to the appropriate treatment of Internet Traffic under the Agreement’s Reciprocal Compensation arrangements (the foregoing being the “Disputed Issue”). The entry into, filing and performance by the Parties of this Agreement does not in any way constitute a waiver by either Party of any of the rights and remedies it may have to seek review of any of the provisions of this Agreement relating to the Disputed Issue, or to petition the Commission, other administrative body or court for reconsideration or reversal of any determination made by any of them, or to seek enforcement or review in any way of any portion of this Agreement in connection with the Disputed Issue. In addition, each Party agrees that it shall comply with the requirements, if any, under Applicable Law with respect to the Disputed Issue. (d) No Reciprocal Compensation shall apply to special access, private line, or any other traffic that is not switched by the terminating Party. (e) Any other traffic not specifically addressed in this Section 5.1 shall be treated as provided elsewhere in this Agreement, or if not so provided, as required by the applicable Tariff of the Party transporting and/or terminating traffic; provided, however, that AWS will charge rates mirroring Verizon’s applicable rates. 5.1.3 Nothing in this Agreement shall be construed to limit either Party’s ability to designate the areas within which that Party’s Customers may make calls which that Party rates as "local" in its Customer Tariffs.

Reciprocal Compensation Arrangements. 5.1.1 The Parties shall compensate each other Section 251(b)(5). Compensation for the transport and termination of Reciprocal Compensation Local Traffic over the terminating carrier’s switch in accordance with Section 251(b)(5) of the Act at the rates provided in the Detailed Schedule of Itemized Charges (Exhibit A hereto), as may be amended from time to time in accordance with Exhibit A and Section 17 or, if not set forth therein, in the applicable Verizon Tariff(s). These rates are to be applied at the AWS-IP for traffic delivered by Verizon, and at the Verizon-IP for traffic delivered by AWS. No additional charges shall apply for the termination of such Reciprocal Compensation Traffic delivered to the Verizon-IP or the AWS-IP by the other Party, except as set forth in Exhibit A. When such Reciprocal Compensation Traffic is terminated over the same trunks as IntraLATA Toll Traffic, any port, transport or other applicable access charges related to the delivery of Toll Traffic from the IP to an end user shall be prorated using the CLUP Factor, pursuant to be applied only to the Toll Trafficthis Section 4.7. Subject to Section 5.1.2(c), the designation of traffic as Local Traffic for purposes of Reciprocal Compensation shall be based on the actual originating and terminating points of the complete end-to-end communication. 5.1.2 Transport and termination of the following types of traffic shall not be subject to the The Reciprocal Compensation arrangements set forth in this Section 5.14.7 are not applicable to (i) Exchange Access (ii) traffic terminated to Requesting Carrier using Ameritech’s unbundled switching and for which the Requesting Carrier incurs no incremental cost to terminate tragic, but instead (iii) Information Service traffic, (iv) trafftc originated by one Party on a number ported to its network that terminates to another number ported on that same Party’s network or (v) any other type of trafftc found to be exempt from Reciprocal Compensation by the FCC or the Commission, All Exchange Access traffic and 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 treated pursuant to Section 7.2. 4.7.1 Reciprocal Compensation applies for transport and termination of Local billable by Ameritech or Requesting Carrier which a Telephone Exchange Service Customer (i) Requesting Carrier’s switch serves a geographic area comparable to the area served by Ameritech’s Tandem Switch, (ii) Requesting Carrier’s Switch performs the same for Ameritech as described those performed by Ameritech’s Tandem Switch for Requesting Carrier (i.e., trunk to trunk switching), (iii) Ameritech may, at its option, directly connect to Requesting Carrier’s End and thereby avoid paying Requesting Carrier the charges associated with Tandem Switching, and (iv) Requesting Carrier provides Ameritech Interconnection at its Switch on a nondiscriminatory basis (i.e., if Requesting Carrier is billing an IXC or referenced below:other carriers at an End Office rate for Interconnection at Requesting Carrier’s Switch). The Parties’ obligation to pay Reciprocal Compensation to each other shall commence on the date the Parties agree that the network is complete each Party has established its originating trunks as well as any ancillary functions 9-l-l)) and capable of fully supporting originating and terminating Customer (and not a Party’s test) trafftc. 4.7.2 (a) Local Traffic originating The Parties agree not to pay Reciprocal Compensation on which originates on a Party’s physical switch, is transported and handed off to the other Party and then routed/delivered to an ISP Server. Each Party agrees to cooperate with the other Party and take any and all reasonable steps to identify all ISP trafftc that is exchanged between the Parties. Each Party agrees to implement methods and procedures that facilitate the identification of all ISP traffic that the other Party originated on its network and routed to the Party. If either Party believes that the data and records it or the other Party are maintaining do not adequately identify the ISP traffic exchanged between the Parties, either Party may request in writing that both Parties commence tracking ISP traffic by exchanging the NPA-NXX-XXXXs of each ISP to which such Parties route trafftc. If so requested, by the twenty-second day of the calendar month after receipt of such notice and thereafter by the twenty-second (22nd) day of each calendar month during the Term, each Party shall provide the other Party a third carrier 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., that is not destined for the Internet). Notwithstanding Section 20.1.1, any information disclosed by Verizon one Party to AWS the other Party pursuant to this Section shall be treated as Tandem Transit Service deemed “Proprietary Information” under Section 6.1Article XX. (b) For any traffic originating with 4.7.3 Each Party shall charge the other Party its effective applicable federal and state tariffed FGD switched access rates for those a third carrier and delivered by AWS to Verizon, AWS shall pay Verizon the same amount that such third carrier would have been obligated to pay Verizon for termination of that traffic at the location the traffic is delivered to Verizon by AWS. (c) Verizon and AWS have not reached agreement with respect to the appropriate treatment of Internet Traffic under the Agreement’s Reciprocal Compensation arrangements (the foregoing being the “Disputed Issue”). The entry into, filing and performance by the Parties of this Agreement does not in any way constitute a waiver by either Party of any of the rights and remedies it may have to seek review of any of the provisions of this Agreement performs relating to the Disputed Issue, or transport and termination of Toll 4.7.4 Compensation for transport and termination of all which has been subject to petition performance of INP by one Party for the Commission, other administrative body or court for reconsideration or reversal of any determination made by any of them, or Party pursuant to seek enforcement or review in any way of any portion of this Agreement in connection with the Disputed Issue. In addition, each Party agrees that it shall comply with the requirements, if any, under Applicable Law with respect to the Disputed Issue. (d) No Reciprocal Compensation shall apply to special access, private line, or any other traffic that is not switched by the terminating Party. (e) Any other traffic not specifically addressed in this Section 5.1 Article XIII shall be treated as provided elsewhere specified in this Agreement, or if not so provided, as required by the applicable Tariff of the Party transporting and/or terminating traffic; provided, however, that AWS will charge rates mirroring Verizon’s applicable ratesSection 13.7. 5.1.3 Nothing in this Agreement shall be construed to limit either Party’s ability to designate the areas within which that Party’s Customers may make calls which that Party rates as "local" in its Customer Tariffs.

Reciprocal Compensation Arrangements. 5.1.1 The Parties shall compensate each other for the transport and termination of Reciprocal Compensation Traffic over the terminating carrier’s switch in accordance with Section 251(b)(5) of the Act at the rates provided in the Detailed Schedule of Itemized Charges (Exhibit A hereto), as may be amended from time to time in accordance with Exhibit A and Section 17 or, if not set forth therein, in the applicable Verizon Tariff(s). These rates are to be applied at the AWS-IP for traffic delivered by Verizon, and at the Verizon-IP for traffic delivered by AWS. No additional charges shall apply for the termination of such Reciprocal Compensation Traffic delivered to the Verizon-IP or the AWS-IP by the other Party, except as set forth in Exhibit A. When such Reciprocal Compensation Traffic is terminated over the same trunks as Toll Traffic, any port, transport or other applicable access charges related to the delivery of Toll Traffic from the IP to an end user shall be prorated using the CLUP Factor, to be applied only to the Toll Traffic. Subject to Section 5.1.2(c), the designation of traffic as Local Traffic for purposes of Reciprocal Compensation shall be based on the actual originating and terminating points of the complete end-to-to- end communication. 5.1.2 Transport and termination of the following types of traffic shall not be subject to the Reciprocal Compensation arrangements set forth in this Section 5.1, but instead shall be treated as described or referenced below: (a) Local Traffic originating with a third carrier and delivered by Verizon to AWS shall be treated as Tandem Transit Service under Section 6.1. (b) For any traffic originating with a third carrier and delivered by AWS to Verizon, AWS shall pay Verizon the same amount that such third carrier would have been obligated to pay Verizon for termination of that traffic at the location the traffic is delivered to Verizon by AWS. (c) Verizon and AWS have not reached agreement with respect to the appropriate treatment of Internet Traffic under the Agreement’s Reciprocal Compensation arrangements (the foregoing being the “Disputed Issue”). The entry into, filing and performance by the Parties of this Agreement does not in any way constitute a waiver by either Party of any of the rights and remedies it may have to seek review of any of the provisions of this Agreement relating to the Disputed Issue, or to petition the Commission, other administrative body or court for reconsideration or reversal of any determination made by any of them, or to seek enforcement or review in any way of any portion of this Agreement in connection with the Disputed Issue. In addition, each Party agrees that it shall comply with the requirements, if any, under Applicable Law with respect to the Disputed Issue. (d) No Reciprocal Compensation shall apply to special access, private line, or any other traffic that is not switched by the terminating Party. (e) Any other traffic not specifically addressed in this Section 5.1 shall be treated as provided elsewhere in this Agreement, or if not so provided, as required by the applicable Tariff of the Party transporting and/or terminating traffic; provided, however, that AWS will charge rates mirroring Verizon’s applicable rates. 5.1.3 Nothing in this Agreement shall be construed to limit either Party’s ability to designate the areas within which that Party’s Customers may make calls which that Party rates as "local" in its Customer Tariffs.