Two-way Interconnection Facilities. The recurring and non- recurring costs of two-way Interconnection Facilities between Sprint Central Office Switch locations and the POI(s) to which such switches are interconnected at AT&T 9-STATE Central Office Switches shall be shared based upon the Parties’ respective proportionate use of such Facilities to deliver all Authorized Services traffic originated by its respective End-User or Third-Party customers to the terminating Party. Such proportionate use will, AT&T responds to each of Sprint’s proposed subsections as follows: (a) This Agreement is CLEC specific and should not include CMRS language. (b) AT&T agrees with Sprint’s Item (b). (c) and (d) the application of a Percent Local Facility (PLF) factor determines the respective portion to be billed per the local jurisdiction rate (see Issue 22 (PLF)). (e) Transit Service is not provided in this Agreement as described in Issue 1 above. AT&T provides Transit Service via a commercial agreement and that agreement has been provided to Sprint for review. (f) each Party as an originating 47 C.F.R. § 51.703(b) prohibits AT&T from charging Sprint for traffic originated on AT&T’s network; and, as the provider of Interconnection Facilities, AT&T is only authorized by 47 C.F.R. § 51.709(b) to charge Sprint “the proportion of that trunk capacity used [by Sprint] to send traffic that will terminate on [AT&T’s network].” As to transited traffic, under the calling party network pays regime, an originating carrier is responsible for all of the cost associated with the delivery of its traffic to the terminating network. Mountain Communications, Inc. v. FCC, 355 F.3d 644 (D.C. 2004). Legend: AT&T language bolded and underlined
Two-way Interconnection Facilities. The recurring and non-recurring costs of two-way Interconnection Facilities between Sprint Central Office Switch locations and the POI(s) to which such switches are interconnected at AT&T 9-STATE Central Office Switches shall be shared based upon the Parties’ respective proportionate use of such Facilities to deliver all Authorized Services traffic originated by its respective End-User or Third-Party customers to the terminating Party. Such proportionate use will, based upon mutually acceptable traffic studies, be periodically determined and identified as a state-wide “Proportionate Use Factor”. (1) As of the Effective Date the Parties’ Proportionate Use Factor is deemed to be 50% Sprint and 50% AT&T 9-STATE. Beginning six (6) months after the Effective Date, and thereafter not more frequently than every six (6) months, a Party may request re-calculation of a new Proportionate Use Factor to be prospectively applied, (2) Unless another process is mutually agreed to by the
Two-way Interconnection Facilities. The recurring and non-recurring costs of two-way Interconnection Facilities between Sprint Central Office Switch locations and the POI(s) to which such switches are interconnected at AT&T 9-STATE Central Office Switches shall be shared based upon the Parties’ respective proportionate use of such Facilities to deliver all Authorized Services traffic originated by its respective End-User or Third- Party customers to the terminating Party. Such proportionate use will, based upon mutually acceptable traffic studies, be periodically determined and identified as a state-wide “Proportionate Use Factor”.
