Common use of Sections IV Clause in Contracts

Sections IV. A.4.a and IV.A.4.b of the Agreement shall be deleted and replaced in their entirety by the following: a. Where Cellco has leased trunks and facilities from the AT&T ILECs for interconnection between the Parties, Cellco shall make such trunks and facilities available to the AT&T ILECs for the AT&T ILECs’ use. If the AT&T ILECs elect to use such trunks and facilities to deliver AT&T ILEC-originated Local Traffic to Cellco for termination, then the Parties agree that Cellco will charge the AT&T ILECs for the AT&T ILECs’ use of such trunks and facilities on a monthly basis as follows: To determine the monthly trunk and facility compensation owed by the AT&T ILECs to Cellco, Cellco shall apply a mutually agreed upon Shared Facility Factor (“SFF”) to the recurring DS1 and below trunk and facility charges billed by the AT&T ILECs to Cellco, that are associated with only the trunks and facilities used to transport AT&T ILEC-originated, Cellco-terminated Local Traffic, billed to Cellco by the AT&T ILECs. b. The Shared Facility Factor can be developed on a state- by- state basis or a multiple state basis, as mutually agreed by the Parties, and shall be calculated by adding the Facility Use Factor plus the Facility Use Factor times the percent of DS3 charges to DS1 and below charges plus the Facility Use Factor times the percent of ring charges to DS1 and below charges, i.e., SFF = Facility Use Factor + (Facility Use Factor x (DS3 charges/DS1 and below charges)) + (Facility Use Factor x (ring charges/DS1 and below charges)) rounded to a single decimal. The Facility Use Factor, used in the Shared Facility Factor calculation, shall be calculated by dividing the measured AT&T ILEC- originated, Cellco-terminated Local Traffic Minutes of Use (“MOUs”) by the total measured MOUs that transverse the trunks and facilities in both directions, including all Intermediary (Transit) Traffic, rounded to a single decimal. c. Except for the Shared Facility Factor, as described herein, Cellco shall not charge the AT&T ILECs for any other charges for the AT&T ILECs’ use of the trunks and facilities leased by Cellco. d. A review of the Shared Facility Factor may be requested in writing by either Party, no more frequently than every six

Sections IV. A.4.a and IV.A.4.b of the Agreement shall be deleted and replaced in their entirety by the following: a. Where Cellco Alltel has leased trunks and facilities from the AT&T ILECs for interconnection between the Parties, Cellco Alltel shall make such trunks and facilities available to the AT&T ILECs for the AT&T ILECs’ use. If the AT&T ILECs elect to use such trunks and facilities to deliver AT&T ILEC-originated Local Traffic to Cellco Alltel for termination, then the Parties agree that Cellco Alltel will charge the AT&T ILECs for the AT&T ILECs’ use of such trunks and facilities on a monthly basis as follows: To determine the monthly trunk and facility compensation owed by the AT&T ILECs to CellcoAlltel, Cellco Alltel shall apply a mutually agreed upon Shared Facility Factor (“SFF”) to the recurring DS1 and below trunk and facility charges billed by the AT&T ILECs to CellcoAlltel, that are associated with only the trunks and facilities used to transport AT&T ILEC-originated, CellcoAlltel-terminated Local Traffic, billed to Cellco Alltel by the AT&T ILECs. b. The Shared Facility Factor can be developed on a state- by- state basis or a multiple state basis, as mutually agreed by the Parties, and shall be calculated by adding the Facility Use Factor plus the Facility Use Factor times the percent of DS3 charges to DS1 and below charges plus the Facility Use Factor times the percent of ring charges to DS1 and below charges, i.e., SFF = Facility Use Factor + (Facility Use Factor x (DS3 charges/DS1 and below charges)) + (Facility Use Factor x (ring charges/DS1 and below charges)) rounded to a single decimal. The Facility Use Factor, used in the Shared Facility Factor calculation, shall be calculated by dividing the measured AT&T ILEC- originated, CellcoAlltel-terminated Local Traffic Minutes of Use (“MOUs”) by the total measured MOUs that transverse the trunks and facilities in both directions, including all Intermediary (Transit) Traffic, rounded to a single decimal. c. Except for the Shared Facility Factor, as described herein, Cellco Alltel shall not charge the AT&T ILECs for any other charges for the AT&T ILECs’ use of the trunks and facilities leased by CellcoAlltel. d. A review of the Shared Facility Factor may be requested in writing by either Party, no more frequently than every sixsix (6) months, beginning with the Effective Date of this Amendment. If such a review results in a change in the Shared e. The Parties hereby agree to implement a multi-state Shared Facility Factor for Alltel, and it shall be Fifteen Percent (15.0%), to become effective on the Effective Date of this Amendment. This Shared Facility Factor, and any other Shared Facility Factor developed pursuant to this Section, is specific to Alltel. Any other CMRS carrier adopting the Agreement must work jointly with the AT&T ILECs to calculate a Shared Facility Factor that is specifically applicable to such adopting CMRS carrier. Such Shared Facility Factor for the adopting CMRS carrier shall be applied prospectively from the date the Shared Facility Factor specific to the adopting CMRS carrier is approved by the applicable state commission. The Shared Facility Factor for the adopting CMRS carrier will be Eight Percent (8%) from the Agreement adoption effective date until the Shared Facility Factor specific to the adopting CMRS carrier is approved by the applicable state commission.