Common use of Voip PSTN Traffic Clause in Contracts

Voip PSTN Traffic. 7.3.9.1 Local VoIP-PSTN Traffic 7.3.9.1.1 CLEC and CenturyLink will exchange Local VoIP-PSTN Traffic on the same basis and at the same rates as Exchange Service (EAS/Local) Traffic and such Local VoIP-PSTN Traffic will be identified as such by using the originating and terminating call detail information of each call unless the Parties specifically agree otherwise. This call jurisdiction method described herein is intended by the Parties as a proxy to determine the jurisdiction of a call, i.e. the actual geographic end points of the call, and the Parties acknowledge that there may be some circumstances where the actual geographic end points of a particular call may be difficult or impossible to determine. At any time during the term of this Agreement, CLEC and CenturyLink may agree on alternate methods to establish call jurisdiction based on regulatory or technological evolution. The Parties will work together in an effort to continue to improve the accuracy of jurisdictional data. 7.3.9.2 Toll VoIP-PSTN Traffic 7.3.9.2.1 CLEC and CenturyLink will exchange Toll VoIP-PSTN Traffic at each Party’s interstate access rates and such Toll VoIP-PSTN Traffic will be identified as InterLATA Traffic or IntraLATA Toll Traffic by using the originating and terminating call detail information of each call unless the Parties specifically agree otherwise. This call jurisdiction method described herein is intended by the Parties as a proxy to determine the jurisdiction of a call, i.e. the actual geographic end points of the call, and the Parties acknowledge that there may be some circumstances where the actual geographic end points of a particular call may be difficult or impossible to determine. At any time during the term of this Agreement, CLEC and CenturyLink may agree on alternate methods to establish call jurisdiction based on regulatory or technological evolution. The Parties agree that it is in the best interest of both Parties to work together in an effort to continue to improve the accuracy of jurisdictional data and such efforts shall not be reasonably withheld by either Party. 7.3.9.2.1.1 Toll VoIP-PSTN Traffic, which would otherwise be characterized as InterLATA traffic by comparison of originating and terminating numbers, will be exchanged at each Party’s interstate access tariff rates. InterLATA Traffic which is not Toll VoIP-PSTN Traffic shall be subject to 7.2.1.3.1. 7.3.9.2.1.2 Toll VoIP-PSTN Traffic, which would otherwise be characterized as IntraLATA traffic by comparison of originating and terminating numbers, will be exchanged at each Party’s interstate access tariff rates. Both Parties will use a Local Interconnection Service Percent VoIP Usage (LIS-PVU) factor in Exhibit A to determine the amount of traffic that appears to be IntraLATA Toll Traffic that is Toll VoIP-PSTN Traffic. The LIS-PVU factor may be updated by a further Amendment mutually negotiated by the Parties. 7.3.9.2.1.2.1 The LIS-PVU factor shall be the percentage of total terminating traffic jurisdictionalized as IntraLATA Toll Traffic which is Toll VoIP-PSTN Traffic, that in the absence of such LIS-PVU, would be billed at intrastate access rates. The LIS-PVU factor shall be based on information such as the number of the CLEC’s retail VoIP subscriptions in the state (e.g. as reported on FCC Form 477), traffic studies, actual call detail, or other relevant and verifiable information which will be exchanged by the parties. 7.3.9.2.1.3 The portion of dedicated LIS facilities used for Toll VoIP-PSTN Traffic will be billed at CenturyLink’s interstate access tariff rates after the application of Relative Use Factor. The Relative Use Factor shall include CenturyLink’s VoIP originated traffic, if any, which is otherwise jurisdictionalized as Local Traffic. CenturyLink will use the Local Interconnection Service Facilities Percent VoIP Usage (LIS-Facility-PVU) factor in Exhibit A to determine the portion of Entrance Facility, Direct Trunk Transport, and MUX that shall be deemed the portion of the facility used to carry Toll VoIP-PSTN Traffic. 7.3.9.2.1.3.1 The LIS-Facility-PVU factor shall be calculated based upon the total amount of the traffic CLEC routes to CenturyLink for termination over dedicated LIS facilities which is Toll VoIP-PSTN Traffic proportionalized as to the transaction capacity of such LIS facility. The CLEC shall determine their Toll VoIP-PSTN Traffic based on information such as the number of the CLEC’s retail VoIP subscriptions in the state (e.g. as reported on FCC Form 477), traffic studies, actual call detail, or other relevant and verifiable information which the parties will exchange. 7.3.9.2.1.4 Either Party may submit a request to negotiate an updated LIS- PVU factor or LIS-Facility-PVU factor on a no more often than quarterly basis. Upon such request, the Parties will negotiate in good faith for ten (10) business days and, if resolution has not been reached, escalate according to the Dispute Resolution provisions of the Agreement for a ten (10) business day period. If resolution has still not been reached, a requesting Party may initiate a dispute resolution proceeding according to the Dispute Resolution provisions of the Agreement. The effective date of any amendment to implement a request to update the LIS-PVU factor will be thirty (30) calendar days after the date of such written request, but no earlier than July 1, 2013. The effective date of any amendment to implement a request to update the LIS-Facility-PVU factor will be thirty (30) calendar days after the date of such written request. 7.3.9.2.1.5 CenturyLink shall provide billing adjustments on a quarterly basis until such time as billing system modifications can be implemented to apply the applicable rate to all Toll VoIP-PSTN Traffic on an automated basis. These adjustments shall not be treated as billing errors under PID/PAP. 7.3.9.2.1.6 Any factors established by the Parties for the previous sections of

Voip PSTN Traffic. 7.3.9.1 a. Local VoIP-PSTN Traffic 7.3.9.1.1 . CLEC and CenturyLink will exchange Local VoIP-PSTN Traffic on the same basis and at the same rates as Exchange Service (EAS/Local) Local Traffic and such Local which is not VoIP-PSTN Traffic. VoIP-PSTN Traffic will be identified as such either Local or non-Local by using the originating and terminating call detail information of each call unless the Parties specifically agree otherwise. This call jurisdiction method described herein is intended by the Parties as a proxy to determine the jurisdiction of a call, call (i.e. the actual geographic end points of the call, ) and the Parties acknowledge that there may be some circumstances where the actual geographic end points of a particular call may be difficult or impossible to determine. At any time during the term of this Agreement, CLEC and CenturyLink may agree on alternate methods to establish call jurisdiction for Local VoIP-PSTN Traffic based on regulatory or technological evolution. The Parties will agree that it is in the best interest of both Parties to work together in an effort to continue to improve the accuracy of jurisdictional datadata and such efforts shall not be unreasonably withheld by either Party. This paragraph shall not be controlling nor affect the determination of the proper jurisdiction or the geographic end points of any traffic which is not VoIP-PSTN Traffic, including without limitation, any VNXX Traffiic. 7.3.9.2 b. Toll VoIP-PSTN Traffic 7.3.9.2.1 1. CLEC and CenturyLink will exchange Toll VoIP-PSTN Traffic, including any Toll VoIP-PSTN Traffic which transits a CenturyLink Tandem, at each Party’s interstate access rates and such rates. Any non-Local Traffic which is not Toll VoIP-PSTN Traffic shall be routed in accordance with Section 63.12. VoIP-PSTN Traffic will be identified as InterLATA either Local Traffic or IntraLATA Toll non-Local Traffic by using the originating and terminating call detail information of each call unless the Parties specifically agree otherwise. This call jurisdiction method described herein is intended by the Parties as a proxy to determine the jurisdiction of a call, call (i.e. the actual geographic end points of the call, ) and the Parties acknowledge that there may be some circumstances where the actual geographic end points of a particular call may be difficult or impossible to determine. At any time during the term of this Agreement, CLEC and CenturyLink may agree on alternate methods to establish call jurisdiction for Toll VoIP-PSTN Traffic based on regulatory or technological evolution. The Parties agree that it is in the best interest of both Parties to work together in an effort to continue to improve the accuracy of jurisdictional data and such efforts shall not be reasonably unreasonably withheld by either Party. 7.3.9.2.1.1 Toll VoIP-PSTN Traffic, which would otherwise be characterized as InterLATA traffic by comparison of originating and terminating numbers, will be exchanged at each Party’s interstate access tariff rates2. InterLATA Traffic which is not Toll VoIP-PSTN Traffic shall be subject to 7.2.1.3.1. 7.3.9.2.1.2 Toll VoIPwhich is intrastate non-PSTN Traffic, which would otherwise be characterized as IntraLATA traffic by comparison of originating and terminating numbers, Local Traffic will be exchanged at each Party’s interstate access tariff rates. Both Parties will use a Local Interconnection Service Percent the Contract Percentage VoIP Usage (LISContract-PVU) factor in Exhibit A Table One to determine the amount of traffic intrastate non-Local Traffic exchanged by the Parties that appears to shall be IntraLATA Toll Traffic that is deemed as Toll VoIP-PSTN TrafficTraffic subject to interstate access rates. The LISParties shall also apply the Contract-PVU factor may to any intrastate non-Local Traffic, which transits a CenturyLink Tandem, and the resulting portion of such traffic shall also be updated by a further Amendment mutually negotiated by the Partiesexchanged at interstate switched access tariff rate. 7.3.9.2.1.2.1 3. The LISContract-PVU factor shall be the percentage of total terminating traffic jurisdictionalized as IntraLATA Toll intrastate non-Local Traffic which is Toll VoIP-VoIP- PSTN Traffic, Traffic that in the absence of such LISContract-PVU, would be billed at intrastate access rates. The LIS-Contract- PVU factor shall be based on information such as the number of the CLEC’s retail VoIP subscriptions in the state (e.g. as reported on FCC Form 477), traffic studies, actual call detail, or other relevant and verifiable information which will be exchanged by the parties. The Contract-PVU factor may be updated by an amendment mutually negotiated by the Parties. 7.3.9.2.1.3 4. The facilities, or portion of dedicated LIS facilities thereof, leased by CLEC from CenturyLink which are used for to exchange Toll VoIP-PSTN Traffic will shall be billed at CenturyLink’s interstate subject to access tariff rates after the application of Relative Use Factorrates. The Relative Use Factor shall include CenturyLink’s VoIP originated traffic, if any, which is otherwise jurisdictionalized as Local Traffic. CenturyLink will use the Local Interconnection Service Facilities Percent VoIP Usage (LIS-Facility-PVU) factor in Exhibit A to determine the portion of Entrance Facility, Direct Trunk Transport, and MUX that shall be deemed the portion of the facility used to carry Toll VoIP-PSTN Traffic. 7.3.9.2.1.3.1 The LIS-Facility-PVU factor shall be calculated based upon the total amount of the traffic CLEC routes to CenturyLink for termination over dedicated LIS facilities which is Toll VoIP-PSTN Traffic proportionalized as to the transaction capacity of such LIS facility. The CLEC shall determine their Toll VoIP-PSTN Traffic based on information such as the number of the CLEC’s retail VoIP subscriptions in the state (e.g. as reported on FCC Form 477), traffic studies, actual call detail, or other relevant and verifiable information which the parties will exchange. 7.3.9.2.1.4 Either Party may submit a request to negotiate an updated LIS- PVU factor or LIS-Facility-PVU factor on a no more often than quarterly basis. Upon such request, the Parties will negotiate in good faith for ten (10) business days and, if resolution has not been reached, escalate according to the Dispute Resolution provisions of the Agreement for a ten (10) business day period. If resolution has still not been reached, a requesting Party may initiate a dispute resolution proceeding according to the Dispute Resolution provisions of the Agreement. The effective date of any amendment agree to implement a request factor to update the LIS-PVU factor will be thirty (30) calendar days after the date of represent such written requestToll VoIP- PSTN Traffic usage, but no earlier than July 1, 2013. The effective date of any amendment to implement a request to update the LIS-Facility-PVU factor will be thirty (30) calendar days after the date of such written requestif needed. 7.3.9.2.1.5 CenturyLink shall provide billing adjustments on a quarterly basis until such time as billing system modifications can be implemented to apply the applicable rate to all Toll VoIP-PSTN Traffic on an automated basis5. These adjustments shall not be treated as billing errors under PID/PAP. 7.3.9.2.1.6 Any factors established by the Parties for under Section 66.1.2 shall be based on the previous sections ofparticular characteristics of the traffic exchanged within the State between CLEC and CenturyLink and shall not be subject to adoption by anyone not a Party to this Agreement, or apply to any other service areas.

Voip PSTN Traffic. 7.3.9.1 Local VoIP-PSTN Traffic 7.3.9.1.1 CLEC and CenturyLink will exchange Local VoIP-PSTN Traffic on the same basis and at the same rates as Exchange Service (EAS/Local) Traffic and such Local VoIP-PSTN Traffic will be identified as such by using the originating and terminating call detail information of each call unless the Parties specifically agree otherwise. This call jurisdiction method described herein is intended by the Parties as a proxy to determine the jurisdiction of a call, i.e. i.e., the actual geographic end points of the call, and the Parties acknowledge that there may be some circumstances where the actual geographic end points of a particular call may be difficult or impossible to determinedetermine because of inherent technical characteristics of IP technology. At any time during the term of this Agreement, CLEC and CenturyLink may agree on alternate methods to establish call jurisdiction based on regulatory or technological evolution. The Parties will acknowledge that the FCC has established a schedule to ultimately reduce terminating intercarrier compensation for VoIP-PSTN traffic to Bill and Keep. Nevertheless, the Parties agree it is in the best interest of both Parties to work together in an effort to continue to improve the accuracy of establish accurate jurisdictional datadata and such efforts shall not be reasonably withheld by either Party. 7.3.9.2 Toll VoIP-PSTN Traffic 7.3.9.2.1 CLEC and CenturyLink will exchange Toll VoIP-PSTN Traffic at each Party’s interstate access rates and such Toll VoIP-PSTN Traffic will be identified as InterLATA Traffic or IntraLATA Toll Traffic by using the originating and terminating call detail information of each call unless the Parties specifically agree otherwise. This call jurisdiction method described herein is intended by the Parties as a proxy to determine the jurisdiction of a call, i.e. i.e., the actual geographic end points of the call, and the Parties acknowledge that there may be some circumstances where the actual geographic end points of a particular call may be difficult or impossible to determinedetermine because of inherent technical characteristics of IP technology. At any time during the term of this Agreement, CLEC and CenturyLink may agree on alternate methods to establish call jurisdiction based on regulatory or technological evolution. The Parties acknowledge that the FCC has established a schedule to ultimately reduce terminating intercarrier compensation for VoIP-PSTN traffic to Bill and Keep. Nevertheless, the Parties agree that it is in the best interest of both Parties to work together in an effort to continue to improve the accuracy of establish accurate jurisdictional data and such efforts shall not be reasonably withheld by either Party. 7.3.9.2.1.1 InterLATA Traffic which is Toll VoIP-PSTN Traffic, which would otherwise be characterized as InterLATA traffic by comparison of originating and terminating numbers, Traffic will be exchanged at each Party’s interstate access tariff rates. Any Transit Traffic which is both interLATA and Toll VoIP-PSTN will be exchanged at each Party’s interstate switched access service rates. InterLATA Traffic which is not Toll VoIP-PSTN Traffic shall be subject to 7.2.1.3.1. 7.3.9.2.1.2 IntraLATA Toll Traffic which is Toll VoIP-PSTN Traffic, which would otherwise be characterized as IntraLATA traffic by comparison of originating and terminating numbers, Traffic will be exchanged at each Party’s interstate access tariff rates. Both Parties will use a the Local Interconnection Service Percent VoIP Usage (LIS-PVU) factor in Exhibit A to determine the amount of traffic that appears to be IntraLATA Toll Traffic that is shall be deemed as Toll VoIP-PSTN Traffic. The Parties shall also apply the LIS-PVU factor to any Transit Traffic which is IntraLATA Toll Traffic, which shall be exchanged at interstate switched access tariff rate. The LIS-PVU factor may be updated by a further Amendment mutually negotiated by the Parties. 7.3.9.2.1.2.1 The LIS-PVU factor shall be the percentage of total terminating traffic jurisdictionalized as IntraLATA Toll Traffic which is Toll VoIP-PSTN Traffic, that in the absence of such LIS-PVU, would be billed at intrastate access rates. The LIS-PVU factor shall be based on information such as the number of the CLEC’s retail VoIP subscriptions in the state (e.g. e.g., as reported on FCC Form 477), traffic studies, actual call detail, or other relevant and verifiable information which will be exchanged by the parties. 7.3.9.2.1.3 The portion of dedicated LIS facilities used for Toll VoIP-PSTN Traffic will be billed at CenturyLink’s interstate access tariff rates after the application of Relative Use Factor. The Relative Use Factor shall include CenturyLink’s VoIP originated traffic, if any, which is otherwise jurisdictionalized as Local Traffic. CenturyLink will use the Local Interconnection Service Facilities Percent VoIP Usage (LIS-Facility-PVU) factor in Exhibit A to determine the portion of Entrance Facility, Direct Trunk Transport, and MUX that shall be deemed the portion of the facility used to carry Toll VoIP-PSTN Traffic. 7.3.9.2.1.3.1 The LIS-Facility-PVU factor shall be calculated based upon the percentage of the total amount of the traffic CLEC routes to CenturyLink for termination over dedicated LIS facilities which is Toll VoIP-PSTN Traffic proportionalized as to the transaction capacity of such LIS facilityTraffic. The CLEC shall determine their Toll VoIP-PSTN Traffic based on information such as the number of the CLEC’s retail VoIP subscriptions in the state (e.g. e.g., as reported on FCC Form 477), traffic studies, actual call detail, or other relevant and verifiable information which the parties will exchange. 7.3.9.2.1.4 Either Party may submit a request to negotiate an updated LIS- PVU factor or LIS-Facility-PVU factor on a no more often than quarterly basis. Upon such request, the Parties will negotiate in good faith for ten (10) business days and, if resolution has not been reached, escalate according to the Dispute Resolution provisions of the Agreement for a ten (10) business day period. If resolution has still not been reached, a requesting Party may initiate a dispute resolution proceeding according to the Dispute Resolution provisions of the Agreement. The effective date of any amendment to implement a request to update the LIS-PVU factor will be thirty (30) calendar days after the date of such written request, but no earlier than July 1, 2013. The effective date of any amendment to implement a request to update the LIS-Facility-PVU factor will be thirty (30) calendar days after the date of such written request. 7.3.9.2.1.5 CenturyLink shall provide billing adjustments on a quarterly basis until such time as billing system modifications can be implemented to apply the applicable rate to all Toll VoIP-PSTN Traffic on an automated basis. These adjustments shall not be treated as billing errors under PID/PAP. 7.3.9.2.1.6 7.3.9.2.1.5 Any factors established by the Parties for the previous sections of

Voip PSTN Traffic. 7.3.9.1 56.5.1 Local VoIP-PSTN Traffic 7.3.9.1.1 Traffic CLEC and CenturyLink will exchange Local VoIP-PSTN Traffic on the same basis and at the same rates as Exchange Service (EAS/Local) Local Traffic and such which is not VoIP-PSTN Traffic. Local VoIP-PSTN Traffic will be identified as such by using the originating and terminating call detail information of each call unless the Parties specifically agree otherwise. This call jurisdiction method described herein is intended by the Parties as a proxy to determine the jurisdiction of a call, call (i.e. the actual geographic end points of the call, ) and the Parties acknowledge that there may be some circumstances where the actual geographic end points of a particular call may be difficult or impossible to determine. At any time during the term of this Agreement, CLEC and CenturyLink may agree on alternate methods to establish call jurisdiction for Local VoIP-PSTN Traffic based on regulatory or technological evolution. The Parties will agree that it is in the best interest of both Parties to work together in an effort to continue to improve the accuracy of jurisdictional datadata and such efforts shall not be unreasonably withheld by either Party. This paragraph shall not be controlling nor affect the determination of the proper jurisdiction or the geographic end points of any traffic which is not VoIP-PSTN Traffic, including without limitation, any VNXX Traffic. 7.3.9.2 56.5.2 IntraLATA Toll VoIP-PSTN Traffic 7.3.9.2.1 (a) CLEC and CenturyLink will exchange IntraLATA Toll VoIP-PSTN Traffic, including any IntraLATA Toll VoIP-PSTN Traffic which transits a CenturyLink Tandem, at each Party’s terminating interstate access rates and such rates. Any non-Local Traffic which is not IntraLATA Toll VoIP-PSTN Traffic or IntraLATA toll traffic shall be routed in accordance with Section 55.1.1 above. VoIP-PSTN Traffic will be identified as InterLATA IntraLATA Toll VoIP-PSTN Traffic or IntraLATA Toll Local Traffic by using the originating and terminating call detail information of each call unless the Parties specifically agree otherwise. This call jurisdiction method described herein is intended by the Parties as a proxy to determine the jurisdiction of a call, call (i.e. the actual geographic end points of the call, ) and the Parties acknowledge that there may be some circumstances where the actual geographic end points of a particular call may be difficult or impossible to determine. At any time during the term of this Agreement, CLEC and CenturyLink may agree on alternate methods to establish call jurisdiction for IntraLATA Toll VoIP-PSTN Traffic based on regulatory or technological evolution. The Parties agree that it is in the best interest of both Parties to work together in an effort to continue to improve the accuracy of jurisdictional data and such efforts shall not be reasonably unreasonably withheld by either Party. 7.3.9.2.1.1 Toll VoIP-PSTN Traffic, which would otherwise be characterized as InterLATA traffic by comparison of originating and terminating numbers, will be exchanged at each Party’s interstate access tariff rates. InterLATA Traffic which is not (b) IntraLATA Toll VoIP-PSTN Traffic shall be subject to 7.2.1.3.1. 7.3.9.2.1.2 Toll VoIP-PSTN Traffic, which would otherwise be characterized as IntraLATA traffic by comparison of originating and terminating numbers, will be exchanged at each Party’s interstate access tariff rates. Both Parties will use a Local Interconnection Service Percent the Contract Percentage VoIP Usage (LISContract-PVU) factor in Exhibit A Table One of this Amendment to determine the amount of traffic intrastate non-Local Traffic exchanged by the Parties that appears to shall be deemed as IntraLATA Toll Traffic that is Toll VoIP-PSTN TrafficTraffic subject to terminating interstate access rates. The LISParties shall also apply the Contract-PVU factor may to any intrastate non-Local Traffic, which transits a CenturyLink Tandem, and the resulting portion of such traffic shall also be updated by a further Amendment mutually negotiated by the Partiesexchanged at interstate switched access tariff rate. 7.3.9.2.1.2.1 (c) The LISContract-PVU factor shall be the percentage of total terminating traffic jurisdictionalized as IntraLATA Toll intrastate non-Local Traffic exchanged over the Local Interconnection Trunks which is IntraLATA Toll VoIP-PSTN TrafficTraffic that, that in the absence of such LIS-Contract- PVU, would be billed at intrastate access rates. The LISContract-PVU factor shall be based on information such as the number percent of the CLEC’s retail VoIP subscriptions in the state (e.g. as reported on FCC Form 477)state, traffic studies, actual call detail, or other relevant and verifiable information which will be exchanged by the parties. 7.3.9.2.1.3 The portion of dedicated LIS facilities used for Toll VoIP-PSTN Traffic will be billed at CenturyLink’s interstate access tariff rates after the application of Relative Use Factor. The Relative Use Factor shall include CenturyLink’s VoIP originated traffic, if any, which is otherwise jurisdictionalized as Local Traffic. CenturyLink will use the Local Interconnection Service Facilities Percent VoIP Usage (LIS-Facility-PVU) factor in Exhibit A to determine the portion of Entrance Facility, Direct Trunk Transport, and MUX that shall be deemed the portion of the facility used to carry Toll VoIP-PSTN Traffic. 7.3.9.2.1.3.1 The LIS-FacilityContract-PVU factor may be updated by a further Amendment mutually negotiated by the Parties. (d) The Contract-PVU factor established by the Parties for the previous sections of 56.5.2 shall be calculated based upon on the total amount particular characteristics of the traffic exchanged within the State between CLEC routes and CenturyLink and such Contract- PVU factor shall not be subject to CenturyLink for termination over dedicated LIS facilities which is Toll VoIP-PSTN Traffic proportionalized as adoption by anyone not a Party to the transaction capacity of such LIS facility. The CLEC shall determine their Toll VoIP-PSTN Traffic based on information such as the number of the CLEC’s retail VoIP subscriptions in the state (e.g. as reported on FCC Form 477), traffic studies, actual call detailthis Agreement, or apply to any other relevant and verifiable information which the parties will exchangeservice areas. 7.3.9.2.1.4 Either Party may submit a request to negotiate an updated LIS- PVU factor or LIS-Facility-PVU factor on a no more often than quarterly basis. Upon such request, the Parties will negotiate in good faith for ten (10) business days and, if resolution has not been reached, escalate according to the Dispute Resolution provisions of the Agreement for a ten (10) business day period. If resolution has still not been reached, a requesting Party may initiate a dispute resolution proceeding according to the Dispute Resolution provisions of the Agreement. The effective date of any amendment to implement a request to update the LIS-PVU factor will be thirty (30) calendar days after the date of such written request, but no earlier than July 1, 2013. The effective date of any amendment to implement a request to update the LIS-Facility-PVU factor will be thirty (30) calendar days after the date of such written request. 7.3.9.2.1.5 56.5.3 CenturyLink shall provide billing adjustments on a quarterly basis until such time as billing system modifications can be implemented to apply the applicable rate to all IntraLATA Toll VoIP-PSTN Traffic on an automated basis. These adjustments shall not be treated as billing errors under PID/PAP. 7.3.9.2.1.6 Any factors established by Using the factor agreed upon pursuant to this amendment the Parties agree that CLEC may dispute its usage billing for intrastate access charges on IntraLATA Toll VoIP-PSTN Traffic. If CLEC does dispute invoices for this purpose, it will pay the previous sections ofinterstate access rate on such traffic consistent with application of the Contract-PVU factor on a timely basis according to the terms of the Agreement and will submit its dispute with respect to such intrastate access charges separately from any other usage billing disputes that CLEC might assert. The issuance of quarterly billing adjustments by CenturyLink to apply interstate access rates to all IntraLATA Toll VoIP-PSTN Traffic will resolve any open disputes submitted consistent with this paragraph. CLEC shall file a separate dispute if CLEC disputes the three month adjustment.

Voip PSTN Traffic. 7.3.9.1 52.7.1 Local VoIP-PSTN Traffic 7.3.9.1.1 Traffic CLEC and CenturyLink will exchange Local VoIP-PSTN Traffic on the same basis and at the same rates as Exchange Service (EAS/Local) Local Traffic and such which is not VoIP-PSTN Traffic. Local VoIP-PSTN Traffic will be identified as such by using the originating and terminating call detail information of each call unless the Parties specifically agree otherwise. This call jurisdiction method described herein is intended by the Parties as a proxy to determine the jurisdiction of a call, call (i.e. the actual geographic end points of the call, ) and the Parties acknowledge that there may be some circumstances where the actual geographic end points of a particular call may be difficult or impossible to determine. At any time during the term of this Agreement, CLEC and CenturyLink may agree on alternate methods to establish call jurisdiction for Local VoIP-PSTN Traffic based on regulatory or technological evolution. The Parties will agree that it is in the best interest of both Parties to work together in an effort to continue to improve the accuracy of jurisdictional datadata and such efforts shall not be unreasonably withheld by either Party. This paragraph shall not be controlling nor affect the determination of the proper jurisdiction or the geographic end points of any traffic which is not VoIP-PSTN Traffic, including without limitation, any VNXX Traffic. 7.3.9.2 52.7.2 IntraLATA Toll VoIP-PSTN Traffic 7.3.9.2.1 (a) CLEC and CenturyLink will exchange IntraLATA Toll VoIP-PSTN Traffic, including any IntraLATA Toll VoIP-PSTN Traffic which transits a CenturyLink Tandem, at each Party’s terminating interstate access rates and such rates. Any non-Local Traffic which is not IntraLATA Toll VoIP-PSTN Traffic or IntraLATA toll traffic shall be routed in accordance with Section 51.1.1 above. VoIP-PSTN Traffic will be identified as InterLATA IntraLATA Toll VoIP-PSTN Traffic or IntraLATA Toll Local Traffic by using the originating and terminating call detail information of each call unless the Parties specifically agree otherwise. This call jurisdiction method described herein is intended by the Parties as a proxy to determine the jurisdiction of a call, call (i.e. the actual geographic end points of the call, ) and the Parties acknowledge that there may be some circumstances where the actual geographic end points of a particular call may be difficult or impossible to determine. At any time during the term of this Agreement, CLEC and CenturyLink may agree on alternate methods to establish call jurisdiction for IntraLATA Toll VoIP-PSTN Traffic based on regulatory or technological evolution. The Parties agree that it is in the best interest of both Parties to work together in an effort to continue to improve the accuracy of jurisdictional data and such efforts shall not be reasonably unreasonably withheld by either Party. 7.3.9.2.1.1 Toll VoIP-PSTN Traffic, which would otherwise be characterized as InterLATA traffic by comparison of originating and terminating numbers, will be exchanged at each Party’s interstate access tariff rates. InterLATA Traffic which is not (b) IntraLATA Toll VoIP-PSTN Traffic shall be subject to 7.2.1.3.1. 7.3.9.2.1.2 Toll VoIP-PSTN Traffic, which would otherwise be characterized as IntraLATA traffic by comparison of originating and terminating numbers, will be exchanged at each Party’s interstate access tariff rates. Both Parties will use a Local Interconnection Service Percent the Contract Percentage VoIP Usage (LISContract-PVU) factor in Exhibit A Table One of this Amendment to determine the amount of traffic intrastate non-Local Traffic exchanged by the Parties that appears to shall be deemed as IntraLATA Toll Traffic that is Toll VoIP-PSTN TrafficTraffic subject to terminating interstate access rates. The LISParties shall also apply the Contract-PVU factor may to any intrastate non-Local Traffic, which transits a CenturyLink Tandem, and the resulting portion of such traffic shall also be updated by a further Amendment mutually negotiated by the Partiesexchanged at interstate switched access tariff rate. 7.3.9.2.1.2.1 (c) The LISContract-PVU factor shall be the percentage of total terminating traffic jurisdictionalized as IntraLATA Toll intrastate non-Local Traffic exchanged over the Local Interconnection Trunks which is IntraLATA Toll VoIP-PSTN TrafficTraffic that, that in the absence of such LIS-Contract- PVU, would be billed at intrastate access rates. The LISContract-PVU factor shall be based on information such as the number percent of the CLEC’s retail VoIP subscriptions in the state (e.g. as reported on FCC Form 477)state, traffic studies, actual call detail, or other relevant and verifiable information which will be exchanged by the parties. 7.3.9.2.1.3 The portion of dedicated LIS facilities used for Toll VoIP-PSTN Traffic will be billed at CenturyLink’s interstate access tariff rates after the application of Relative Use Factor. The Relative Use Factor shall include CenturyLink’s VoIP originated traffic, if any, which is otherwise jurisdictionalized as Local Traffic. CenturyLink will use the Local Interconnection Service Facilities Percent VoIP Usage (LIS-Facility-PVU) factor in Exhibit A to determine the portion of Entrance Facility, Direct Trunk Transport, and MUX that shall be deemed the portion of the facility used to carry Toll VoIP-PSTN Traffic. 7.3.9.2.1.3.1 The LIS-FacilityContract-PVU factor may be updated by a further Amendment mutually negotiated by the Parties. (d) The Contract-PVU factor established by the Parties for the previous sections of 52.7.2 shall be calculated based upon on the total amount particular characteristics of the traffic exchanged within the State between CLEC routes and CenturyLink and such Contract- PVU factor shall not be subject to CenturyLink for termination over dedicated LIS facilities which is Toll VoIP-PSTN Traffic proportionalized as adoption by anyone not a Party to the transaction capacity of such LIS facility. The CLEC shall determine their Toll VoIP-PSTN Traffic based on information such as the number of the CLEC’s retail VoIP subscriptions in the state (e.g. as reported on FCC Form 477), traffic studies, actual call detailthis Agreement, or apply to any other relevant and verifiable information which the parties will exchangeservice areas. 7.3.9.2.1.4 Either Party may submit a request to negotiate an updated LIS- PVU factor or LIS-Facility-PVU factor on a no more often than quarterly basis. Upon such request, the Parties will negotiate in good faith for ten (10) business days and, if resolution has not been reached, escalate according to the Dispute Resolution provisions of the Agreement for a ten (10) business day period. If resolution has still not been reached, a requesting Party may initiate a dispute resolution proceeding according to the Dispute Resolution provisions of the Agreement. The effective date of any amendment to implement a request to update the LIS-PVU factor will be thirty (30) calendar days after the date of such written request, but no earlier than July 1, 2013. The effective date of any amendment to implement a request to update the LIS-Facility-PVU factor will be thirty (30) calendar days after the date of such written request. 7.3.9.2.1.5 52.7.3 CenturyLink shall provide billing adjustments on a quarterly basis until such time as billing system modifications can be implemented to apply the applicable rate to all IntraLATA Toll VoIP-PSTN Traffic on an automated basis. These adjustments shall not be treated as billing errors under PID/PAP. 7.3.9.2.1.6 Any factors established by Using the factor agreed upon pursuant to this amendment the Parties agree that CLEC may dispute its usage billing for intrastate access charges on IntraLATA Toll VoIP-PSTN Traffic. If CLEC does dispute invoices for this purpose, it will pay the previous sections ofinterstate access rate on such traffic consistent with application of the Contract-PVU factor on a timely basis according to the terms of the Agreement and will submit its dispute with respect to such intrastate access charges separately from any other usage billing disputes that CLEC might assert. The issuance of quarterly billing adjustments by CenturyLink to apply interstate access rates to all IntraLATA Toll VoIP-PSTN Traffic will resolve any open disputes submitted consistent with this paragraph. CLEC shall file a separate dispute if CLEC disputes the three month adjustment.