Common use of VoIP Traffic Clause in Contracts

VoIP Traffic. (a) In accordance with and to the extent required by the FCC’s Order, In the Matter of Petition for Declaratory Ruling that AT&T’s Phone-to-Phone IP Telephony Services are Exempt from Access Charges, FCC 04-97, WC Docket No. 02-361 (released April 21, 2004) (“AT&T VOIP Order”), any VOIP Traffic exchanged between the Parties that is subject to such AT&T VOIP Order (“Phone-to-Phone VOIP Traffic”) shall pursuant to such Order be billed to the responsible Party at the applicable interstate switched access rates as set forth in the Parties’ relevant tariffs (including, for the avoidance of any doubt, with respect to both usage and applicable facilities). Should the treatment of traffic subject to the AT&T VOIP Order be modified by the FCC, by a court, or by other applicable federal law, such order or law shall be applied prospectively from the effective date of such order or law to the extent such order or law addresses Phone-to-Phone VOIP Traffic, and each Party reserves all rights to argue for or against retroactive application of that order or law.