AT&T Wholesale Agreement - AT&T Clec Online

Page 12 of 94
General Terms and Conditions/AT&T LOUISIANA
Page 11 of 46
Cricket Communications, Inc.
Version: 2Q09 – Two-Way CMRS ICA - Wireless – 05/05/09
reciprocal compensation billing method it shall be updated by the 20 th day of the first month of each quarter
based upon the actual usage data for the last month of the proceeding quarter, or as otherwise mutually
agreed by the Parties. No Transit Traffic will be used in the determination of the Surrogate Billing Factor.
Cricket reserves its rights to modify this Section 2.137.1 consistent with the state Commission’s findings in a
final and effective order in Docket No. U-31350 (“Commission Order”) in accordance with Sections 39.2 and
39.3 below. Notwithstanding the fact that such a Commission Order may not constitute Intervening Law as
set forth in Section 21 of the General Terms and Conditions of this Agreement, the Parties will implement
any such modification via an amendment to this Agreement pursuant to the timelines and procedures set
forth therein. Both Parties reserve their rights to modify this language pursuant to any appeals resulting
from Docket No. U-31350.
Surrogate Billing Factor =
L/M Section 251(b)(5) MOUs
L/M Section 251(b)(5) MOUs + M/L 251(b)(5) MOUs
2.138 “Switched Access Service” means an offering of access to AT&T LOUISIANA’s network for the purpose of the
origination or the termination of traffic from or to End Users in a given area pursuant to a Switched Access Services
tariff.
2.139 “Tax” or “Taxes” means any and all federal, state, or local sales, use, excise, gross receipts, transfer, transaction or
similar taxes or tax-like fees of whatever nature and however designated, including any charges or other payments,
contractual or otherwise, for the use of streets or rights-of-way, whether designated as franchise fees or otherwise,
and further including any legally permissible surcharge of or with respect to any of the foregoing, which are imposed
or sought to be imposed on or with respect to, or measured by the charges or payments for, any products or services
purchased under this Agreement.
2.140 “Telcordia” means Telcordia Technologies, Inc.
2.141 “Telecommunications” means As Defined in the Act.
2.142 “Telecommunications Act of 1996 (ACT)” means Public Law 104-104 of the United States Congress effective
February 8, 1996. The Act amended the Communications Act of 1934 (47, U.S.C. Section 1 et. seq.).
2.143 “Telecommunications Carrier” means As Defined in the Act.
2.144 “Telecommunications Service” means As Defined in the Act.
2.145 “Originating WSP to Landline InterMTA Traffic” means traffic that, at the beginning of the call: (a) originates on
WSP’s network; (b) is sent from the mobile unit of WSP’s End User or the mobile unit of a Third Party connected to a
Cell Site located in one MTA and (c) terminates on the AT&T LOUISIANA’s network in another MTA.
2.146 “Third Party” means any Person other than a Party.
2.147 “Third Party Traffic” means traffic carried by AT&T LOUISIANA acting as an intermediary that is originated and
terminated by and between WSP and a Third Party Telecommunications Carrier.
2.148 “Toll Free Service” means service provided with a dialing sequence that invokes toll-free (i.e., 800-like) service
processing. Toll Free Service includes calls to the Toll Free Service 8YY NPA SAC Codes.
2.149 “Trunk(s)” or “Trunk Group(s)” means the switch port interface(s) used and the communications path created to
connect WSP’s network with AT&T LOUISIANA’s network for the purpose of exchanging Authorized Services Section
251 (b)(5) Calls for purposes of Interconnection.
2.150 “Trunk-Side” means the Central Office Switch connection that is capable of, and has been programmed to treat the
circuit as connecting to another switching entity (for example another Central Office Switch). Trunk-Side connections
offer those transmission and signaling features appropriate for the connection of switching entities and cannot be
used for the direct connection of ordinary telephone station sets.
2.151 “Unpaid Charges” means any charges billed to the Non-Paying Party that the Non-Paying Party did not render full
payment to the Billing Party by the Bill Due Date.
Page 12 of 105