Common use of Recovery of INP Costs Pursuant to FCC Order and Rulemaking Clause in Contracts

Recovery of INP Costs Pursuant to FCC Order and Rulemaking. Notwithstanding anything to the contrary contained in this section 14, in light of the FCC's First Report and Order and Further Notice of Proposed Rulemaking, adopted June 27, 1996, in CC Docket 95-116 (the "Order"), the Parties stipulate and agree as follows: 14.6.1 The rates listed in Exhibit A for the provision of INP are appropriate amounts that each Party providing INP service should recover for the provision of those INP functionalities in BA's operating territory. For the INP functions it provides, each Party should be allowed to recover these amounts in a manner consistent with any final FCC and/or Commission order on INP cost recovery (such as a state-wide fund contributed to by all telecommunications carriers). 14.6.2 Within three (3) weeks of the Effective Date, the Parties will jointly seek a Commission proceeding and ruling to develop and implement an INP cost recovery mechanism consistent with the policy described in the Order and/or any subsequent FCC or Commission decision. 14.6.3 Until such time as a final FCC and/or Commission order, pursuant to subsection 14.6.2 above, is implemented, each Party will provide INP service to the other Party at the INP rates listed in Exhibit A. All revenues received by the providing Party from its provision of INP service to the other Party shall be placed into an escrow fund maintained by or tracked separately by the providing Party. Upon issuance of a final FCC and/or Commission order, and to the extent that it permits the Party providing INP to recover the associated costs from a state-wide fund, the providing Party shall refund to the purchasing Party an amount equal to the amount it recovers from such fund for its provision of INP service to the purchasing Party from the Effective Date, provided that in no event shall the refund amount exceed the aggregate amount the providing Party has received from the purchasing Party for INP services. If no such fund is ordered or established, the providing Party shall retain the full amount of the revenues tracked or held in escrow by it pursuant to this subsection 14.6.3. 14.6.4 The Parties agree that neither Party waives its rights to advocate its views that are consistent with this subsection 14.6 on the appropriate INP cost recovery mechanism, or to present such views before any relevant regulatory body or other agency as they relate to FCC or Commission actions on INP cost recovery.

Recovery of INP Costs Pursuant to FCC Order and Rulemaking. Notwithstanding anything to the contrary contained in this section Section 14, in light of the FCC's First Report and Order and Further Notice of Proposed Rulemaking, adopted June 27, 1996, in CC Docket 95-116 (the "Order"), the Parties stipulate and agree as follows: 14.6.1 14.7.1 The rates listed in Exhibit A for the provision of INP are appropriate amounts that each Party providing INP service should recover for the provision of those INP functionalities in BA's ’s operating territoryterritory on an interim basis until the Commission mandates an alternative cost recovery mechanism for the provision of INP. For the INP functions it provides, each Party should be allowed to recover these amounts in a manner consistent with any final FCC and/or Commission order on INP cost recovery (such as a state-wide fund contributed to by all telecommunications carriers). 14.6.2 Within three (3) weeks of the Effective Date, the Parties will jointly seek a Commission proceeding and ruling to develop and implement an INP cost recovery mechanism consistent with the policy described in the Order and/or any subsequent FCC or Commission decision. 14.6.3 Until such time as a final FCC and/or Commission order, pursuant to subsection 14.6.2 above, is implemented, each Party will provide INP service to the other Party at the INP rates listed in Exhibit A. All revenues received by the providing Party from its provision of INP service to the other Party shall be placed into an escrow fund maintained by or tracked separately by the providing Party. Upon issuance of a final FCC and/or Commission order, and to the extent that it permits the Party providing INP to recover the associated costs from a state-wide fund, the providing Party shall refund to the purchasing Party an amount equal to the amount it recovers from such fund for its provision of INP service to the purchasing Party from the Effective Date, provided that in no event shall the refund amount exceed the aggregate amount the providing Party has received from the purchasing Party for INP services. If no such fund is ordered or established, the providing Party shall retain the full amount of the revenues tracked or held in escrow by it pursuant to this subsection 14.6.3. 14.6.4 14.7.2 The Parties agree that neither Party waives its rights to advocate its views that are consistent with this subsection 14.6 on the appropriate INP cost recovery mechanism, or to present such views before any relevant regulatory body or other agency as they relate to FCC or Commission actions on INP cost recovery. 14.8.1 Except as may be prohibited by Applicable Laws concerning the provision of inter-LATA service, each Party shall exchange with the other Party SS7 TCAP messages as required for the implementation of Custom Local Area Signaling Services (“CLASS”) or other features available in their respective networks as are technically feasible to exchange. 14.8.2 As soon as practicable following receipt of an INP order for a number served by a particular End Office Switch, each Party shall disclose to the other any technical or capacity limitations that would prevent use of a requested INP method in a particular switching office. 14.8.3 When any INP method available hereunder is used to port a subscriber, the donor Party shall maintain the LIDB record for that number to reflect appropriate conditions as reported to it by the porting Party and to provide such LIDB information in accordance with any LIDB agreement subsequently entered between the Parties. 14.8.4 The donor Party shall send a CARE transaction 2231 to notify the appropriate IXC that access is now provided by the porting Party for that number. 14.8.5 The INP service offered herein shall not initially apply to NXX Codes 555, 915, 950, or 976, but not limited to these codes, or for Feature Group A or coin telephone service, because of the special billing characteristics of such services. Upon a Bona Fide Request from either Party, the provisions of INP for these services will be mutually negotiated between the Parties and provided to the extent feasible under negotiated rates, terms, and conditions. INP shall not apply for any arrangement that would render the forwarded call toll traffic.

Recovery of INP Costs Pursuant to FCC Order and Rulemaking. Notwithstanding anything to the contrary contained in this section Section 14, in light of the FCC's First Report and Order and Further Notice of Proposed Rulemaking, adopted June 27, 1996, in CC Docket 95-116 (the "Order"), the Parties stipulate and agree as follows: 14.6.1 The rates listed in Exhibit A for the provision of INP are appropriate amounts that each Party providing INP service should recover for the provision of those INP functionalities in BA's operating territory. For the INP functions it provides, each Party should be allowed to recover these amounts in a manner consistent with any final FCC and/or Commission order on INP cost recovery (such as a state-wide fund contributed to by all telecommunications carriers). 14.6.2 Within three (3) weeks of the Effective Date, the Parties will jointly seek a Commission proceeding and ruling to develop and implement an INP cost recovery mechanism consistent with the policy described in the Order and/or any subsequent FCC or Commission decision. 14.6.3 Until such time as a final FCC and/or and or Commission order, pursuant to subsection 14.6.2 above, is implemented, each Party will provide INP service to the other Party at the INP rates listed in Exhibit A. All revenues received by the providing Party from its provision of INP service to the other Party shall be placed into an escrow fund maintained by or tracked separately by the providing Party. Upon issuance of a final FCC and/or Commission order, and to the extent that it permits the Party providing INP to recover the associated costs from a state-wide fund, the providing Party shall refund to the purchasing Party an amount equal to the amount it recovers from such fund for its provision of INP service to the purchasing Party from the Effective Date, provided that in no event shall the refund amount exceed the aggregate amount the providing Party has received from the purchasing Party for Party's INP services. If no such fund is ordered or established, the providing Party shall retain the full amount of the revenues tracked or held in escrow by it pursuant to this subsection 14.6.3. 14.6.4 The Parties agree that neither Party waives its rights to advocate its views that are consistent with this subsection 14.6 on the appropriate INP cost recovery mechanism, or to present such views before any relevant regulatory body or other agency as they relate to FCC or Commission actions on INP cost recovery.

Recovery of INP Costs Pursuant to FCC Order and Rulemaking. Notwithstanding anything to the contrary contained in this section Section 14, in light of the FCC's First Report and Order and Further Notice of Proposed Rulemaking, adopted June 27, 1996, in CC Docket 95-116 (the "Order"), the Parties stipulate and agree as follows: 14.6.1 The rates listed in Exhibit A for the provision of INP are appropriate amounts that each Party providing INP service should recover for the provision of those INP functionalities in BA's operating territory. For the INP functions it provides, each Party should be allowed to recover these amounts in a manner consistent with any final FCC and/or Commission order on INP cost recovery (such as a state-wide fund contributed to by all telecommunications carriers). 14.6.2 Within three (3) weeks of the Effective Date, the Parties will jointly seek a Commission proceeding and ruling to develop and implement an INP cost recovery mechanism consistent with the policy described in the Order and/or any subsequent FCC or Commission decision. 14.6.3 Until such time as a final FCC and/or Commission order, pursuant to subsection 14.6.2 above, is implemented, each Party will provide INP service to the other Party at the INP rates listed in Exhibit A. All revenues received by the providing Party from its provision of INP service to the other Party shall be placed into an escrow fund maintained by or tracked separately by the providing Party. Upon issuance of a final FCC and/or Commission order, and to the extent that it permits the Party providing INP to recover the associated costs from a state-wide fund, the providing Party shall refund to the purchasing Party an amount equal to the amount it recovers from such fund for its provision of INP service to the purchasing Party from the Effective Date, provided that in no event shall the refund amount exceed the aggregate amount the providing Party has received from the purchasing Party for INP services. If no such fund is ordered or established, the providing Party shall retain the full amount of the revenues tracked or held in escrow by it pursuant to this subsection 14.6.3. 14.6.4 The Parties agree that neither Party waives its rights to advocate its views that are consistent with this subsection 14.6 on the appropriate INP cost recovery mechanism, or to present such views before any relevant regulatory body or other agency as they relate to FCC or Commission actions on INP cost recovery.

Recovery of INP Costs Pursuant to FCC Order and Rulemaking. Notwithstanding anything to the contrary contained in this section Section 14, in light of the FCC's First Report and Order and Further Notice of Proposed Rulemaking, adopted June 27, 1996, in CC Docket 95-116 (the "Order"), the Parties stipulate and agree as follows: 14.6.1 The rates listed in Exhibit A for the provision of INP are appropriate amounts that each Party providing INP service should recover for the provision of those INP functionalities in BA's operating territory. For the INP functions it provides, each Party should be allowed to recover these amounts in a manner consistent with any final FCC and/or Commission order on or INP cost recovery (such as a state-wide fund contributed to by all telecommunications carriers). 14.6.2 Within three (3) weeks of the Effective Date, the Parties will jointly seek a Commission proceeding and ruling to develop and implement an INP cost recovery mechanism consistent with the policy described in the Order and/or any subsequent FCC or Commission decision. 14.6.3 Until such time as a final FCC and/or Commission order, pursuant to subsection 14.6.2 above, is implemented, each Party will provide INP service to the other Party at the INP rates listed in Exhibit A. All revenues received by the providing Party from its provision of INP service to the other Party shall be placed into an escrow fund maintained by or tracked separately by the providing Party. Upon issuance of a final FCC and/or Commission order, and to the extent that it permits the Party providing INP to recover the associated costs from a state-wide fund, the providing Party shall refund to the purchasing Party an amount equal to the amount it recovers from such fund for its provision of INP service to the purchasing Party from the Effective Date, provided that in no event shall the refund amount exceed the aggregate amount the providing Party has received from the purchasing Party for INP services. If no such fund is ordered or established, the providing Party shall retain the full amount of the revenues tracked or held in escrow by it pursuant to this subsection 14.6.3. 14.6.4 The Parties agree that neither Party waives its rights to advocate its views that are consistent with this subsection 14.6 on the appropriate INP cost recovery mechanism, or to present such views before any relevant regulatory body or other agency as they relate to FCC or Commission actions on INP cost recovery.

Recovery of INP Costs Pursuant to FCC Order and Rulemaking. Notwithstanding anything to the contrary contained in this section Section 14, in light of the FCC's First Report and Order and Further Notice of Proposed Rulemaking, adopted June 27, 1996, in CC Docket docket 95-116 (the "Order"), the Parties stipulate and agree as follows: 14.6.1 The rates listed in Exhibit A for the provision of INP INp are appropriate amounts that each Party providing INP service should recover for the provision of those INP functionalities in BA's operating territory. For the INP functions it provides, each Party should be allowed to recover these amounts in a manner consistent with any final FCC and/or Commission order on INP cost recovery (such as a state-wide fund contributed to by all telecommunications carriers). 14.6.2 Within three (3) weeks of the Effective Date, the Parties parties will jointly seek a Commission proceeding and ruling to develop and implement an INP cost recovery mechanism consistent with the policy described in the Order and/or any subsequent FCC or Commission decision. 14.6.3 Until such time as a final FCC and/or Commission order, pursuant to subsection 14.6.2 above, is implemented, each Party will provide INP service to the other Party at the INP rates listed in Exhibit A. All revenues received by the providing Party from its provision of INP service to the other Party shall be placed into an escrow fund maintained by or tracked separately by the providing Party. Upon issuance of a final FCC and/or Commission order, and to the extent that it permits the Party providing INP to recover the associated costs from a state-wide fund, the providing Party shall refund to the purchasing Party an amount equal to the amount it recovers from such fund for its provision of INP service to the purchasing Party from the Effective Date, provided that in no event shall the refund amount exceed the aggregate amount the providing Party has received from the purchasing Party for INP services. If no such fund is ordered or established, the providing Party shall retain the full amount of the revenues tracked or held in escrow by it pursuant to this subsection 14.6.3. 14.6.4 The Parties agree that neither Party waives its rights to advocate its views that are consistent with this subsection 14.6 on the appropriate INP cost recovery mechanism, or to present such views before any relevant regulatory body or other agency as they relate to FCC or Commission actions on INP cost recovery.

Recovery of INP Costs Pursuant to FCC Order and Rulemaking. Notwithstanding anything to the contrary contained in this section Section 14, in light of the FCC's First Report and Order and Further Notice of Proposed Rulemaking, adopted June 27, 1996, in CC Docket 95-116 (the "Order"), the Parties stipulate and agree as follows: 14.6.1 The rates listed in Exhibit A for the provision of INP are appropriate amounts that each Party providing INP service should recover for the provision of those INP functionalities in BA's operating territory. For the INP functions it provides, each Party should be allowed to recover these amounts in a manner consistent with any final FCC and/or Commission Board order on INP cost recovery (such as a state-wide fund contributed to by all telecommunications carriers). 14.6.2 Within three (3) weeks of the Effective Date, the Parties will jointly seek a Commission Board proceeding and ruling to develop and implement an INP cost recovery mechanism consistent with the policy described in the Order and/or any subsequent FCC or Commission Board decision. 14.6.3 Until such time as a final FCC and/or Commission Board order, pursuant to subsection 14.6.2 above, is implemented, each Party will provide INP service to the other Party at the INP rates listed in Exhibit A. All revenues received by the providing Party from its provision of INP service to the other Party shall be placed into an escrow fund maintained by or tracked separately by the providing Party. Upon issuance of a final FCC and/or Commission Board order, and to the extent that it permits the Party providing INP to recover the associated costs from a state-wide fund, the providing Party shall refund to the purchasing Party an amount equal to the amount it recovers from such fund for its provision of INP service to the purchasing Party from the Effective Date, provided that in no event shall the refund amount exceed the aggregate amount the providing Party has received from the purchasing Party for INP services. If no such fund is ordered or established, the providing Party shall retain the full amount of the revenues tracked or held in escrow by it pursuant to this subsection 14.6.3. 14.6.4 The Parties agree that neither Party waives its rights to advocate its views that are consistent with this subsection 14.6 on the appropriate INP cost recovery mechanism, or to present such views before any relevant regulatory body or other agency as they relate to FCC or Commission Board actions on INP cost recovery.

Recovery of INP Costs Pursuant to FCC Order and Rulemaking. Notwithstanding anything to the contrary contained in this section Section 14, in light of the FCC's First Report and Order and Further Notice of Proposed Rulemaking, adopted June 27, 1996, in CC Docket 95-116 (the "Order"), the Parties stipulate and agree as follows: 14.6.1 The rates listed in Exhibit A for the provision of INP are appropriate amounts that each Party providing INP service should recover for the provision of those INP functionalities in BA's operating territory. For the INP functions it provides, each Party should be allowed to recover these amounts in a manner consistent with any final FCC and/or Commission order on INP cost recovery (such as a state-wide fund contributed to by all telecommunications carriers). 14.6.2 Within three (3) weeks of the Effective Date, the Parties will jointly seek a Commission proceeding and ruling to develop and implement an INP cost recovery mechanism consistent with the policy described in the Order and/or any subsequent FCC or Commission decision. 14.6.3 Until such time as a final FCC and/or Commission order, pursuant to subsection 14.6.2 above, is implemented, each Party will provide INP service to the other Party at the INP rates listed in Exhibit A. All revenues received by the providing Party from its provision of INP service to the other Party shall be placed into an escrow fund maintained by or tracked separately by the providing Party. Upon issuance of a final FCC and/or Commission order, and to the extent that it permits the Party providing INP to recover the associated costs from a state-wide fund, the providing Party shall refund to the purchasing Party an amount equal to the amount it recovers from such fund for its provision of INP service to the purchasing Party from the Effective Date, provided that in no event shall the refund amount exceed the aggregate amount the providing Party has received from the purchasing Party for Party's INP services. If no such fund is ordered or established, the providing Party shall retain the full amount of the revenues tracked or held in escrow by it pursuant to this subsection 14.6.3. 14.6.4 The Parties agree that neither Party waives its rights to advocate its views that are consistent with this subsection 14.6 on the appropriate INP cost recovery mechanism, or to present such views before any relevant regulatory body or other agency as they relate to FCC or Commission actions on INP cost recovery.