Common use of Transit Service Clause in Contracts

Transit Service. 12.1 As used in this Section, Transit Service is Telephone Exchange Service traffic that originates on Carrier's network, and is transported through Frontier’s Tandem to the subtending End Office or its equivalent of another carrier (CLEC, ILEC other than Frontier, Commercial Mobile Radio Service (CMRS) carrier, or other LEC (“Other Carrier”), when neither the originating nor terminating customer is a Customer of Frontier. For the avoidance of any doubt, under no circumstances shall Frontier be required to transit traffic through a Frontier Tandem to an End Office that does not have local Interconnection facilities and direct trunks to that particular Frontier Tandem. Switched Exchange Access Service traffic is not Transit Service. 12.1.1 If Carrier provides service using an NPA-NXX assigned to a rate center where Frontier provides extended area service or an applicable regulatory authority approved optional calling plan, and Carrier chooses to indirectly interconnect by using the tandem switching facilities of a third party, Frontier will have no obligation to route and rate traffic to Carrier’s NPA-NXX as an EAS call or pursuant to an optional calling plan unless Carrier has established a trunking and transiting arrangement for this traffic with Frontier and the other telecommunications carrier(s) utilizing the trunk and providing transiting service for the traffic. 12.2 Transit Service provides Carrier with the transport of Transit Service as provided below. 12.3 Transit Service may be routed over the Interconnection Trunks described in Sections 2 through 6 of this Attachment. Carrier shall deliver each Transit Service call to Frontier’s Tandem with CCS and the appropriate Transactional Capabilities Application Part (“TCAP”) message to facilitate full interoperability of CLASS Features and billing functions. 12.3.1 Carrier may use Transit Service only for traffic that originates on Carrier’s network and only to send traffic to an Other Carrier with whom Carrier has a reciprocal traffic exchange arrangement (either via written agreement or mutual tariffs) that provides for the Other Carrier, to terminate or complete traffic originated by Carrier and to xxxx Xxxxxxx, and not to bill Frontier, for such traffic. Xxxxxxx agrees not to use Frontier’s Transit Service to send traffic to an Other Carrier with whom Xxxxxxx does not have such a reciprocal traffic exchange arrangement or to send traffic that does not originate on Carrier’s network. 12.4 Carrier shall pay Frontier for Transit Service at the rates specified in the Pricing Attachment. Frontier will not be liable for compensation to any Other Carrier for any traffic that is transported through Frontier’s Tandem and Frontier reserves the right to assess to Carrier any additional charges or costs any Other Carrier imposes or levies on Frontier for the delivery or termination of such traffic, including any Switched Exchange Access Service charges. If Frontier is billed by any Other Carrier for any traffic originated by Carrier, Frontier may provide notice to Carrier of such billing. Upon receipt of such notice, Carrier shall immediately stop using Frontier’s Transit Service to send any traffic to such Other Carrier until it has provided to Frontier certification that the Other Carrier has removed such billed charges from its bill to Frontier and that the Other Carrier will not bill Frontier for any traffic originated by Carrier. Such certification must be signed by an authorized officer or agent of the Other Carrier and must be in a form acceptable to Frontier. 12.5 If Carrier uses Transit Service for traffic volumes that exceed the Centum Call Seconds (Hundred Call Seconds) busy hour equivalent of 200,000 combined minutes of use per month (a DS1 equivalent) to the subtending End Office of a particular Other Carrier for any month (the “Threshold Level”). Carrier shall use good faith efforts to establish direct interconnection with such Other Carrier and reduce such traffic volumes below the Threshold Level. If Frontier believes that Xxxxxxx has not exercised good faith efforts promptly to obtain such direct interconnection, either Party may use the Dispute Resolution processes of this Agreement. 12.6 If Carrier fails to comply with Section 12 of this Attachment, such failure shall be a material breach of a material provision of this Agreement and Frontier may exercise any and all remedies under this Agreement and Applicable Law for such breach. 12.7 If or when a third party carrier plans to subtend a Carrier switch, then Carrier shall provide written notice to Frontier at least ninety (90) days before such subtending service arrangement becomes effective so that Frontier may negotiate and establish direct interconnection with such third party carrier. Upon written request from Frontier, Carrier shall offer to Frontier a service arrangement equivalent to or the same as Transit Service provided by Frontier to Carrier as defined in this Section such that Frontier may terminate calls to a Central Office or its equivalent of a CLEC, ILEC other than Frontier, CMRS carrier, or other LEC, that subtends a Carrier Central Office or its equivalent (“Reciprocal Tandem Transit Service”). Carrier shall offer such Reciprocal Transit Service arrangements under terms and conditions of an amendment to this Agreement or a separate agreement no less favorable than those provided in this Section. 12.8 Neither Party shall take any actions to prevent the other Party from entering into a direct and reciprocal traffic exchange arrangement with any carrier to which it originates, or from which it terminates, traffic.

Appears in 2 contracts

Samples: Telecommunications, Telecommunications

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Transit Service. 12.1 As 13.1 Where Frontier operates a tandem, and as used in this Section, Transit Service is Telephone Exchange Service traffic that originates on Carrier's Xxxxx'x network, and is transported through Frontier’s Tandem to the subtending End Office or its Frontier equivalent of another carrier (CLEC, ILEC other than Frontier, Commercial Mobile Radio Service (CMRS) carrier, or other LEC (“Other Carrier”), when neither the originating nor terminating customer is a Customer of Frontier. For the avoidance of any doubt, under no circumstances shall Frontier be required to transit traffic through a Frontier Tandem to an End Office that does not have local Interconnection facilities and direct trunks to that particular Frontier Tandem. Switched Exchange Access Service traffic is not Transit Service. 12.1.1 13.1.1 If Carrier Xxxxx provides service using an NPA-NXX assigned to a rate center where Frontier provides extended area service or an applicable regulatory authority approved optional calling plan, and Carrier Xxxxx chooses to indirectly interconnect by using the tandem switching facilities of a third party, Frontier will have no obligation to route and rate traffic to Carrier’s NPA-NXX Xxxxx -NXX as an EAS call or pursuant to an optional calling plan unless Carrier Xxxxx has established a trunking and transiting arrangement for this traffic with Frontier and the other telecommunications carrier(s) utilizing the trunk and providing transiting service for the traffic. 12.2 13.2 Transit Service provides Carrier Xxxxx with the transport of Transit Service as provided below. 12.3 13.3 Transit Service may be routed over the Interconnection Trunks described in Sections 2 through 6 of this Attachment. Carrier Xxxxx shall deliver each Transit Service call to Frontier’s Tandem with CCS and the appropriate Transactional Capabilities Application Part (“TCAP”) message to facilitate litate full interoperability of CLASS Features and billing functions. 12.3.1 Carrier 13.3.1 Xxxxx may use Transit Service only for traffic that originates on Carrier’s Xxxxx network and only to send traffic to an Other Carrier with whom Carrier Xxxxx has a reciprocal traffic exchange arrangement (either via written agreement or mutual tariffs) that provides for the Other Carrier, to terminate or complete traffic originated by Carrier Xxxxx and to xxxx XxxxxxxXxxxx, and not to bill Frontier, for such traffic. Xxxxxxx Xxxxx agrees not to use Frontier’s Transit Service to send traffic to an Other Carrier with whom Xxxxxxx Xxxxx does not have such a reciprocal traffic exchange arrangement or to send traffic that does not originate on Carrier’s Xxxxx network. 12.4 Carrier 13.4 Xxxxx shall pay Frontier for Transit Service at the rates specified in the Pricing Attachment. Frontier will not be liable for compensation to any Other Carrier for any traffic that is transported through Frontier’s Tandem and Frontier reserves the right to assess to Carrier Xxxxx any additional charges or costs any Other Carrier imposes or levies on Frontier for the delivery or termination of such traffic, including any Switched Exchange Access Service charges. If Frontier is billed by any Other Carrier for any traffic originated by CarrierXxxxx, Frontier may provide notice to Carrier Xxxxx of such billing. Upon receipt of such notice, Carrier Xxxxx shall immediately stop using Frontier’s Transit Service to send any traffic to such Other Carrier until it has provided to Frontier certification that the Other Carrier has removed such billed charges from its bill to Frontier and that the Other Carrier will not bill Frontier for any traffic originated by CarrierXxxxx. Such certification must be signed by an authorized officer or agent of the Other Carrier and must be in a form acceptable to Frontier. 12.5 13.5 If Carrier Xxxxx uses Transit Service for traffic volumes that exceed the Centum Call Seconds (Hundred Call Seconds) busy hour equivalent of 200,000 combined minutes of use per month (a DS1 equivalent) to the subtending End Office of a particular Other Carrier for any month (the “Threshold Level”). Carrier Xxxxx shall use good faith efforts to establish direct interconnection with such Other Carrier and reduce such traffic volumes below the Threshold Level. If Frontier believes that Xxxxxxx Xxxxx has not exercised good faith efforts promptly to obtain such direct interconnection, either Party may use the Dispute Resolution processes of this Agreement. 12.6 13.6 If Carrier Xxxxx fails to comply with Section 12 13 of this Attachment, such failure shall be a material breach of a material provision of this Agreement and Frontier may exercise any and all remedies under this Agreement and Applicable Law for such breach. 12.7 13.7 If or when a third third-party carrier plans to subtend a Carrier a/an Xxxxx switch, then Carrier Xxxxx shall provide written notice to Frontier at least ninety (90) days before such subtending service arrangement becomes effective so that Frontier may negotiate and establish direct interconnection with such third third-party carrier. Upon written request from Frontier, Carrier Xxxxx shall offer to Frontier a service arrangement equivalent to or the same as Transit Service provided by Frontier to Carrier Xxxxx as defined in this Section such that Frontier may terminate calls to a Central Office or its equivalent of a CLEC, ILEC other than Frontier, CMRS carrier, or other LEC, that subtends a Carrier Central Office or its equivalent (“Reciprocal Tandem Transit Service”). Carrier a/an Xxxxx Xxxxx shall offer such Reciprocal Transit Service arrangements under terms and conditions of an amendment to this Agreement or a separate agreement no less favorable than those provided in this Section. 12.8 13.8 Neither Party shall take any actions to prevent the other Party from entering into a direct and reciprocal traffic exchange arrangement with any carrier to which it originates, or from which it terminates, traffic.

Appears in 2 contracts

Samples: Agreement for Local Interconnection, Agreement for Local Interconnection

Transit Service. 12.1 13.1 As used in this Section, Transit Service is Telephone Exchange Service traffic that originates on Carrier's network, and is transported through Frontier’s Band CLEC Tandem to the subtending End Office or its equivalent of another carrier (CLEC, ILEC other than Frontier, Commercial Mobile Radio Service (CMRS) carrier, or other LEC (“Other Carrier”), when neither the originating nor terminating customer is a Customer of Frontier. For the avoidance of any doubt, under no circumstances shall Frontier be required to transit traffic through a Frontier Tandem to an End Office that does not have local Interconnection facilities and direct trunks to that particular Frontier Tandem. Switched Exchange Access Service traffic is not Transit Service. 12.1.1 13.1.1 If Carrier Band CLEC provides service using an NPA-NXX assigned to a rate center where Frontier provides extended area service or an applicable regulatory authority approved optional calling plan, and Carrier Band CLEC chooses to indirectly interconnect by using the tandem switching facilities of a third party, Frontier will have no obligation to route and rate traffic to Carrier’s NPA-NXX Band CLEC -NXX as an EAS call or pursuant to an optional calling plan unless Carrier Band CLEC has established a trunking and transiting arrangement for this traffic with Frontier and the other telecommunications carrier(s) utilizing the trunk and providing transiting service for the traffic. 12.2 13.2 Transit Service provides Carrier Band CLEC with the transport of Transit Service as provided below. 12.3 13.3 Transit Service may be routed over the Interconnection Trunks described in Sections 2 through 6 of this Attachment. Carrier Band CLEC shall deliver each Transit Service call to Frontier’s Tandem with CCS and the appropriate Transactional Capabilities Application Part (“TCAP”) message to facilitate full interoperability of CLASS Features and billing functions. 12.3.1 Carrier 13.3.1 Band CLEC may use Transit Service only for traffic that originates on Carrier’s Band CLEC network and only to send traffic to an Other Carrier with whom Carrier Band CLEC has a reciprocal traffic exchange arrangement (either via written agreement or mutual tariffs) that provides for the Other Carrier, to terminate or complete traffic originated by Carrier Band CLEC and to xxxx XxxxxxxBand CLEC, and not to bill xxxx Frontier, for such traffic. Xxxxxxx agrees not to use Frontier’s Transit Service to send Band CLEC end traffic to an Other Carrier with whom Xxxxxxx Band CLEC does not have such a reciprocal traffic exchange arrangement or to send traffic that does not originate on Carrier’s Band CLEC network. 12.4 Carrier 13.4 Band CLEC shall pay Frontier for Transit Service at the rates specified in the Pricing Attachment. Frontier will not be liable for compensation to any Other Carrier for any traffic that is transported through Frontier’s Tandem and Frontier reserves the right to assess to Carrier Band CLEC any additional charges or costs any Other Carrier imposes or levies on Frontier for the delivery or termination of such traffic, including any Switched Exchange Access Service charges. If Frontier is billed by any Other Carrier for any traffic originated by CarrierBand CLEC, Frontier may provide notice to Carrier Band CLEC of such billing. Upon receipt of such notice, Carrier shall immediately stop using Frontier’s Transit Service to send any traffic Band CLEC to such Other Carrier until it has provided to Frontier certification that the Other Carrier has removed such billed charges from its bill xxxx to Frontier and that the Other Carrier will not bill xxxx Frontier for any traffic originated by CarrierBand CLEC. Such certification must be signed by an authorized officer or agent of the Other Carrier and must be in a form acceptable to Frontier. 12.5 13.5 If Carrier Band CLEC uses Transit Service for traffic volumes that exceed the Centum Call Seconds (Hundred Call Seconds) busy hour equivalent of 200,000 combined minutes of use per month (a DS1 equivalent) to the subtending End Office of a particular Other Carrier for any month (the “Threshold Level”). Carrier Band CLEC shall use good faith efforts to establish direct interconnection with such Other Carrier and reduce such traffic volumes below the Threshold Level. If Frontier believes that Xxxxxxx Band CLEC has not exercised good faith efforts promptly to obtain such direct interconnection, either Party may use the Dispute Resolution processes of this Agreement. 12.6 13.6 If Carrier Band CLEC fails to comply with Section 12 13 of this Attachment, such failure shall be a material breach of a material provision of this Agreement and Frontier may exercise any and all remedies under this Agreement and Applicable Law for such breach. 12.7 13.7 If or when a third third-party carrier plans to subtend a Carrier a/an Band CLEC switch, then Carrier Band CLEC shall provide written notice to Frontier at least ninety (90) days before such subtending service arrangement becomes effective so that Frontier may negotiate and establish direct interconnection with such third third-party carrier. Upon written request from Frontier, Carrier Band CLEC shall offer to Frontier a service arrangement equivalent to or the same as Transit Service provided by Frontier to Carrier Band CLEC as defined in this Section such that Frontier may terminate calls to a Central Office or its equivalent of a CLEC, ILEC other than Frontier, CMRS carrier, or other LEC, that subtends a Carrier a/an Band CLEC Central Office or its equivalent (“Reciprocal Tandem Transit Service”). Carrier equi Band CLEC shall offer such Reciprocal Transit Service arrangements under terms and conditions of an amendment to this Agreement or a separate agreement no less favorable than those provided in this Section. 12.8 13.8 Neither Party shall take any actions to prevent the other Party from entering into a direct and reciprocal traffic exchange arrangement with any carrier to which it originates, or from which it terminates, traffic.

Appears in 1 contract

Samples: Telecommunications

Transit Service. 12.1 As used in this Section, Transit Service is Telephone Exchange Service traffic that originates on CarrierCTSI's network, and is transported through Frontier’s Tandem to the subtending End Office or its equivalent of another carrier (CLEC, ILEC other than Frontier, Commercial Mobile Radio Service (CMRS) carrier, or other LEC (“Other Carrier”), when neither the originating nor terminating customer is a Customer of Frontier. For the avoidance of any doubt, under no circumstances shall Frontier be required to transit traffic through a Frontier Tandem to an End Office that does not have local Interconnection facilities and direct trunks to that particular Frontier Tandem. Switched Exchange Access Service traffic is not Transit Service. 12.1.1 If Carrier CTSI provides service using an NPA-NXX assigned to a rate center where Frontier provides extended area service or an applicable regulatory authority approved optional calling plan, and Carrier CTSI chooses to indirectly interconnect by using the tandem switching facilities of a third party, Frontier will have no obligation to route and rate traffic to CarrierCTSI’s NPA-NXX as an EAS call or pursuant to an optional calling plan unless Carrier CTSI has established a trunking and transiting arrangement for this traffic with Frontier and the other telecommunications carrier(s) utilizing the trunk and providing transiting service for the traffic. 12.2 Transit Service provides Carrier CTSI with the transport of Transit Service as provided below. 12.3 Transit Service may be routed over the Interconnection Trunks described in Sections 2 through 6 of this Attachment. Carrier CTSI shall deliver each Transit Service call to Frontier’s Tandem with CCS and the appropriate Transactional Capabilities Application Part (“TCAP”) message to facilitate full interoperability of CLASS Features and billing functions. 12.3.1 Carrier CTSI may use Transit Service only for traffic that originates on CarrierCTSI’s network and only to send traffic to an Other Carrier with whom Carrier CTSI has a reciprocal traffic exchange arrangement (either via written agreement or mutual tariffs) that provides for the Other Carrier, to terminate or complete traffic originated by Carrier CTSI and to xxxx Xxxxxxxbill CTSI, and not to bill Frontier, for such traffic. Xxxxxxx CTSI agrees not to use Frontier’s Transit Service to send traffic to an Other Carrier with whom Xxxxxxx CTSI does not have such a reciprocal traffic exchange arrangement or to send traffic that does not originate on CarrierCTSI’s network. 12.4 Carrier CTSI shall pay Frontier for Transit Service at the rates specified in the Pricing Attachment. Frontier will not be liable for compensation to any Other Carrier for any traffic that is transported through Frontier’s Tandem and Frontier reserves the right to assess to Carrier CTSI any additional charges or costs any Other Carrier imposes or levies on Frontier for the delivery or termination of such traffic, including any Switched Exchange Access Service charges. If Frontier is billed by any Other Carrier for any traffic originated by CarrierCTSI, Frontier may provide notice to Carrier CTSI of such billing. Upon receipt of such notice, Carrier CTSI shall immediately stop using Frontier’s Transit Service to send any traffic to such Other Carrier until it has provided to Frontier certification that the Other Carrier has removed such billed charges from its bill to Frontier and that the Other Carrier will not bill Frontier for any traffic originated by CarrierCTSI. Such certification must be signed by an authorized officer or agent of the Other Carrier and must be in a form acceptable to Frontier. 12.5 If Carrier CTSI uses Transit Service for traffic volumes that exceed the Centum Call Seconds (Hundred Call Seconds) busy hour equivalent of 200,000 combined minutes of use per month (a DS1 equivalent) to the subtending End Office of a particular Other Carrier for any month (the “Threshold Level”). Carrier CTSI shall use good faith efforts to establish direct interconnection with such Other Carrier and reduce such traffic volumes below the Threshold Level. If Frontier believes that Xxxxxxx CTSI has not exercised good faith efforts promptly to obtain such direct interconnection, either Party may use the Dispute Resolution processes of this Agreement. 12.6 If Carrier CTSI fails to comply with Section 12 of this Attachment, such failure shall be a material breach of a material provision of this Agreement and Frontier may exercise any and all remedies under this Agreement and Applicable Law for such breach. 12.7 If or when a third third-party carrier plans to subtend a Carrier a/an CTSI switch, then Carrier CTSI shall provide written notice to Frontier at least ninety (90) days before such subtending service arrangement becomes effective so that Frontier may negotiate and establish direct interconnection with such third third-party carrier. Upon written request from Frontier, Carrier CTSI shall offer to Frontier a service arrangement equivalent to or the same as Transit Service provided by Frontier to Carrier CTSI as defined in this Section such that Frontier may terminate calls to a Central Office or its equivalent of a CLEC, ILEC other than Frontier, CMRS carrier, or other LEC, that subtends a Carrier a/an CTSI Central Office or its equivalent (“Reciprocal Tandem Transit Service”). Carrier CTSI shall offer such Reciprocal Transit Service arrangements under terms and conditions of an amendment to this Agreement or a separate agreement no less favorable than those provided in this Section.Service 12.8 Neither Party shall take any actions to prevent the other Party from entering into a direct and reciprocal traffic exchange arrangement with any carrier to which it originates, or from which it terminates, traffic.

Appears in 1 contract

Samples: Service Agreement

Transit Service. 12.1 13.1 As used in this Section, Transit Service is Telephone Exchange Service traffic that originates on Carrier's network, and is transported through Frontier’s Spectrotel Tandem to the subtending End Office or its equivalent of another carrier (CLEC, ILEC other than Frontier, Commercial Mobile Radio Service (CMRS) carrier, or other LEC (“Other Carrier”), when neither the originating nor terminating customer is a Customer of Frontier. For the avoidance of any doubt, under no circumstances shall Frontier be required to transit traffic through a Frontier Tandem to an End Office that does not have local Interconnection facilities and direct trunks to that particular Frontier Tandem. Switched Exchange Access Service traffic is not Transit Service. 12.1.1 13.1.1 If Carrier Spectrotel provides service using an NPA-NXX assigned to a rate center where Frontier provides extended area service or an applicable regulatory authority approved optional calling plan, and Carrier Spectrotel chooses to indirectly interconnect by using the tandem switching facilities of a third party, Frontier will have no obligation to route and rate traffic to Carrier’s NPA-NXX Spectrotel -NXX as an EAS call or pursuant to an optional calling plan unless Carrier Spectrotel has established a trunking and transiting arrangement for this traffic with Frontier and the other telecommunications carrier(s) utilizing the trunk and providing transiting service for the traffic. 12.2 13.2 Transit Service provides Carrier Spectrotel with the transport of Transit Service as provided below. 12.3 13.3 Transit Service may be routed over the Interconnection Trunks described in Sections 2 through 6 of this Attachment. Carrier Spectrotel shall deliver each Transit Service call to Frontier’s Tandem with CCS and the appropriate Transactional Capabilities Application Part (“TCAP”) message to facilitate itate full interoperability of CLASS Features and billing functions. 12.3.1 Carrier 13.3.1 Spectrotel may use Transit Service only for traffic that originates on Carrier’s Spectrotel network and only to send traffic to an Other Carrier with whom Carrier Spectrotel has a reciprocal traffic exchange arrangement (either via written agreement or mutual tariffs) that provides for the Other Carrier, to terminate or complete traffic originated by Carrier Spectrotel and to xxxx Xxxxxxxbill Spectrotel, and not to bill Frontier, for such traffic. Xxxxxxx Spectrotel agrees not to use Frontier’s Transit Service to send u end traffic to an Other Carrier with whom Xxxxxxx Spectrotel does not have such a reciprocal traffic exchange arrangement or to send traffic that does not originate on Carrier’s Spectrotel network. 12.4 Carrier 13.4 Spectrotel shall pay Frontier for Transit Service at the rates specified in the Pricing Attachment. Frontier will not be liable for compensation to any Other Carrier for any traffic that is transported through Frontier’s Tandem and Frontier reserves the right to assess to Carrier Spectrotel any additional charges or costs any Other Carrier imposes or levies on Frontier for the delivery or termination of such traffic, including any Switched Exchange Access Service charges. If Frontier is billed by any Other Carrier for any traffic originated by CarrierSpectrotel, Frontier may provide notice to Carrier Spectrotel of such billing. Upon receipt of such notice, Carrier shall immediately stop using Frontier’s Transit Service to send any Spectrotel traffic to such Other Carrier until it has provided to Frontier certification that the Other Carrier has removed such billed charges from its bill to Frontier and that the Other Carrier will not bill Frontier for any traffic originated by CarrierSpectrotel. Such certification must be signed by an authorized officer or agent of the Other Carrier and must be in a form acceptable to Frontier. 12.5 13.5 If Carrier Spectrotel uses Transit Service for traffic volumes that exceed the Centum Call Seconds (Hundred Call Seconds) busy hour equivalent of 200,000 combined minutes of use per month (a DS1 equivalent) to the subtending End Office of a particular Other Carrier for any month (the “Threshold Level”). Carrier Spectrotel shall use good faith efforts to establish direct interconnection with such Other Carrier and reduce such traffic volumes below the Threshold Level. If Frontier believes that Xxxxxxx Spectrotel has not exercised good faith efforts promptly to obtain such direct interconnection, either Party may use the Dispute Resolution processes of this Agreement. 12.6 13.6 If Carrier Spectrotel fails to comply with Section 12 13 of this Attachment, such failure shall be a material breach of a material provision of this Agreement and Frontier may exercise any and all remedies under this Agreement and Applicable Law for such breach. 12.7 13.7 If or when a third third-party carrier plans to subtend a Carrier a/an Spectrotel switch, then Carrier Spectrotel shall provide written notice to Frontier at least ninety (90) days before such subtending service arrangement becomes effective so that Frontier may negotiate and establish direct interconnection with such third third-party carrier. Upon written request from Frontier, Carrier Spectrotel shall offer to Frontier a service arrangement equivalent to or the same as Transit Service provided by Frontier to Carrier Spectrotel as defined in this Section such that Frontier may terminate calls to a Central Office or its equivalent of a CLEC, ILEC other than Frontier, CMRS carrier, or other LEC, that subtends a Carrier a/an Spectrotel Central Office or its equivalent (“Reciprocal Tandem Transit Service”). Carrier Spectrotel shall offer such Reciprocal Transit Service arrangements under terms and conditions of an amendment to this Agreement or a separate agreement no less favorable than those provided in this Section. 12.8 13.8 Neither Party shall take any actions to prevent the other Party from entering into a direct and reciprocal traffic exchange arrangement with any carrier to which it originates, or from which it terminates, traffic.

Appears in 1 contract

Samples: Telecommunications

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Transit Service. 12.1 13.1 As used in this Section, Transit Service is Telephone Exchange Service traffic that originates on Carrier's network, and is transported through Frontier’s Tandem WCL to the subtending End Office or its equivalent of another carrier (CLEC, ILEC other than Frontier, Commercial Mobile Radio Service (CMRS) carrier, or other LEC (“Other Carrier”), when neither the originating nor terminating customer is a L Customer of Frontier. For the avoidance of any doubt, under no circumstances shall Frontier be required to transit traffic through a Frontier Tandem to an End Office that does not have local Interconnection facilities and direct trunks to that particular Frontier Tandem. Switched Exchange Access Service traffic is not Transit Service. 12.1.1 13.1.1 If Carrier WCL provides service using an NPA-NXX assigned to a rate center where Frontier provides extended area service or an applicable regulatory authority approved optional calling plan, and Carrier WCL chooses to indirectly interconnect by using the tandem switching facilities of a third party, Frontier will have no obligation to route and rate traffic to Carrier’s NPA-NXX WCL -NXX as an EAS call or pursuant to an optional calling plan unless Carrier WCL has established a trunking and transiting arrangement for this traffic with Frontier and the other telecommunications carrier(s) utilizing the trunk and providing transiting service for the traffic. 12.2 13.2 Transit Service provides Carrier WCL with the transport of Transit Service as provided below. 12.3 13.3 Transit Service may be routed over the Interconnection Trunks described in Sections 2 through 6 of this Attachment. Carrier WCL shall deliver each Transit Service call to Frontier’s Tandem with CCS and the appropriate opriate Transactional Capabilities Application Part (“TCAP”) message to facilitate full interoperability of CLASS Features and billing functions. 12.3.1 Carrier 13.3.1 WCL may use Transit Service only for traffic that originates on Carrier’s WCL network and only to send traffic to an Other Carrier with whom Carrier WCL has a reciprocal traffic exchange arrangement (either via written agreement or mutual tariffs) that provides for the Other Carrier, to terminate or complete traffic originated by Carrier WCL and to xxxx Xxxxxxxbill WCL, and not to bill Frontier, for such traffic. Xxxxxxx agrees not to use Frontier’s WCL Transit Service to send traffic to an Other Carrier with whom Xxxxxxx WCL does not have such a reciprocal traffic exchange arrangement or to send traffic that does not originate on Carrier’s WCL network. 12.4 Carrier 13.4 WCL shall pay Frontier for Transit Service at the rates specified in the Pricing Attachment. Frontier will not be liable for compensation to any Other Carrier for any traffic that is transported through Frontier’s Tandem and Frontier reserves the right to assess to Carrier WCL any additional charges or costs any Other Carrier imposes or levies on Frontier for the delivery or termination of such traffic, including any Switched Exchange Access Service charges. If Frontier is billed by any Other Carrier for any traffic originated by CarrierWCL, Frontier may provide notice to Carrier WCL of such billing. Upon receipt of such notice, Carrier WCL shall immediately stop using Frontier’s Transit Service to send any traffic to such Other Carrier until it has provided to Frontier certification that the Other Carrier has removed such billed charges from its bill to Frontier and that the Other Carrier will not bill Frontier for any traffic originated by CarrierWCL. Such certification must be signed by an authorized officer or agent of the Other Carrier and must be in a form acceptable to Frontier. 12.5 13.5 If Carrier WCL uses Transit Service for traffic volumes that exceed the Centum Call Seconds (Hundred Call Seconds) busy hour equivalent of 200,000 combined minutes of use per month (a DS1 equivalent) to the subtending End Office of a particular Other Carrier for any month (the “Threshold Level”). Carrier WCL shall use good faith efforts to establish direct interconnection with such Other Carrier and reduce such traffic volumes below the Threshold Level. If Frontier believes that Xxxxxxx WCL has not exercised good faith efforts promptly to obtain such direct interconnection, either Party may use the Dispute Resolution processes of this Agreement. 12.6 13.6 If Carrier WCL fails to comply with Section 12 13 of this Attachment, such failure shall be a material breach of a material provision of this Agreement and Frontier may exercise any and all remedies under this Agreement and Applicable Law for such breach. 12.7 13.7 If or when a third third-party carrier plans to subtend a Carrier a/an WCL switch, then Carrier WCL shall provide written notice to Frontier at least ninety (90) days before such subtending service arrangement becomes effective so that Frontier may negotiate and establish direct interconnection with such third third-party carrier. Upon written request from Frontier, Carrier WCL shall offer to Frontier a service arrangement equivalent to or the same as Transit Service provided by Frontier to Carrier WCL as defined in this Section such that Frontier may terminate calls to a Central Office or its equivalent of a CLEC, ILEC other than Frontier, CMRS carrier, or other LEC, that subtends a Carrier Central Office or its equivalent (“Reciprocal Tandem Transit Service”). Carrier a/an WCL WCL shall offer such Reciprocal Transit Service arrangements under terms and conditions of an amendment to this Agreement or a separate agreement no less favorable than those provided in this Section. 12.8 13.8 Neither Party shall take any actions to prevent the other Party from entering into a direct and reciprocal traffic exchange arrangement with any carrier to which it originates, or from which it terminates, traffic.

Appears in 1 contract

Samples: Telecommunications

Transit Service. 12.1 13.1 As used in this Section, Transit Service is Telephone Exchange Service traffic that originates on CarrierCTI's network, and is transported through Frontier’s Tandem to Frontie the subtending End Office or its equivalent of another carrier (CLEC, ILEC other than Frontier, Commercial Mobile Radio Service (CMRS) carrier, or other LEC (“Other Carrier”), when neither the originating nor terminating customer is a Customer of Frontier. For the avoidance of any doubt, under no circumstances shall Frontier be required to transit traffic through a Frontier Tandem to an End Office that does not have local Interconnection facilities and direct trunks to that particular Frontier Tandem. Switched Exchange Access Service traffic is not Transit Service. 12.1.1 13.1.1 If Carrier CTI provides service using an NPA-NXX assigned to a rate center where Frontier provides extended area service or an applicable regulatory authority approved optional calling plan, and Carrier CTI chooses to indirectly interconnect by using the tandem switching facilities of a third party, Frontier will have no obligation to route and rate traffic to Carrier’s NPA-NXX CTI -NXX as an EAS call or pursuant to an optional calling plan unless Carrier CTI has established a trunking and transiting arrangement for this traffic with Frontier and the other telecommunications carrier(s) utilizing the trunk and providing transiting service for the traffic. 12.2 13.2 Transit Service provides Carrier CTI with the transport of Transit Service as provided below. 12.3 13.3 Transit Service may be routed over the Interconnection Trunks described in Sections 2 through 6 of this Attachment. Carrier CTI shall deliver each Transit Service call to Frontier’s Tandem with CCS and the appropriate Transactional Capabilities Application Part (“TCAP”) message to facilitate full interoperability of CLASS Features and billing functions. 12.3.1 Carrier 13.3.1 CTI may use Transit Service only for traffic that originates on Carrier’s CTI network and only to send traffic to an Other Carrier with whom Carrier CTI has a reciprocal traffic exchange arrangement (either via written agreement or mutual tariffs) that provides for the Other Carrier, to terminate or complete traffic originated by Carrier CTI and to xxxx Xxxxxxxbill CTI, and not to bill Frontier, for such traffic. Xxxxxxx agrees not to use Frontier’s Transit CTI it Service to send traffic to an Other Carrier with whom Xxxxxxx CTI does not have such a reciprocal traffic exchange arrangement or to send traffic that does not originate on Carrier’s CTI network. 12.4 Carrier 13.4 CTI shall pay Frontier for Transit Service at the rates specified in the Pricing Attachment. Frontier will not be liable for compensation to any Other Carrier for any traffic that is transported through Frontier’s Tandem and Frontier reserves the right to assess to Carrier CTI any additional charges or costs any Other Carrier imposes or levies on Frontier for the delivery or termination of such traffic, including any Switched Exchange Access Service charges. If Frontier is billed by any Other Carrier for any traffic originated by CarrierCTI, Frontier may provide notice to Carrier CTI of such billing. Upon receipt of such notice, Carrier CTI shall immediately stop using Frontier’s Transit Service to send any traffic to such Other Carrier until it has provided to Frontier certification that the Other Carrier has removed such billed charges from its bill to Frontier and that the Other Carrier will not bill Frontier for any traffic originated by CarrierCTI. Such certification must be signed by an authorized officer or agent of the Other Carrier and must be in a form acceptable to Frontier. 12.5 13.5 If Carrier CTI uses Transit Service for traffic volumes that exceed the Centum Call Seconds (Hundred Call Seconds) busy hour equivalent of 200,000 combined minutes of use per month (a DS1 equivalent) to the subtending End Office of a particular Other Carrier for any month (the “Threshold Level”). Carrier CTI shall use good faith efforts to establish direct interconnection with such Other Carrier and reduce such traffic volumes below the Threshold Level. If Frontier believes that Xxxxxxx CTI has not exercised good faith efforts promptly to obtain such direct interconnection, either Party may use the Dispute Resolution processes of this Agreement. 12.6 13.6 If Carrier CTI fails to comply with Section 12 13 of this Attachment, such failure shall be a material breach of a material provision of this Agreement and Frontier may exercise any and all remedies under this Agreement and Applicable Law for such breach. 12.7 13.7 If or when a third third-party carrier plans to subtend a Carrier a/an CTI switch, then Carrier CTI shall provide written notice to Frontier at least ninety (90) days before such subtending service arrangement becomes effective so that Frontier may negotiate and establish direct interconnection with such third third-party carrier. Upon written request from Frontier, Carrier CTI shall offer to Frontier a service arrangement equivalent to or the same as Transit Service provided by Frontier to Carrier CTI as defined in this Section such that Frontier may terminate calls to a Central Office or its equivalent of a CLEC, ILEC other than Frontier, CMRS carrier, or other LEC, that subtends a Carrier Central Office or its equivalent (“Reciprocal Tandem Transit Service”). Carrier a/an CTI CTI shall offer such Reciprocal Transit Service arrangements under terms and conditions of an amendment to this Agreement or a separate agreement no less favorable than those provided in this Section. 12.8 13.8 Neither Party shall take any actions to prevent the other Party from entering into a direct and reciprocal traffic exchange arrangement with any carrier to which it originates, or from which it terminates, traffic.

Appears in 1 contract

Samples: Service Agreement

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