AT&T Wholesale Agreement - AT&T Clec Online

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General Terms and Conditions/AT&T LOUISIANA
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Cricket Communications, Inc.
Version: 2Q09 – Two-Way CMRS ICA - Wireless – 05/05/09
12.4.3.2 the account number or other identification (WSP must provide the CBA/ESBA/ASBS or BAN
number) of the bill in question,
12.4.3.3 telephone number, circuit ID number or trunk number in question,
12.4.3.4 any USOC (or other descriptive information) information relating to the item questioned,
12.4.3.4 amount billed,
12.4.3.5 amount in dispute, and
12.4.3.6 the reason that the Disputing Party disputes the billed amount.
12.4.4 When WSP is the Disputing Party, WSP must provide evidence to AT&T LOUISIANA that it has either paid
the disputed amount, or established an interest bearing escrow account that complies with the requirements
set forth in Section 10.10 above of this Agreement and deposited all Unpaid Charges relating to services
into that escrow account in order for that billing Claim to be deemed a “dispute”. Failure to provide the
information and evidence required by Section 12.0 above not later than twenty-nine (29) calendar days
following the Bill Due Date shall constitute WSP’s irrevocable and full waiver of its right to dispute the
subject charges. Cricket reserves its rights to modify this Section 12.4.4 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.
12.4.5 The Parties shall attempt to resolve Disputed Amounts appearing on invoices within sixty (60) days of the
invoicing Party’s receipt of notice of Disputed Amounts. However, if the dispute is not resolved within the
first thirty (30) days of such sixty (60) day period, upon request, the invoicing Party shall advise the
Disputing Party of the status of the dispute and the expected resolution date.
12.4.6 If the Parties are not able to resolve their billing disputes, either Party may inform the other Party in writing
that it is invoking the informal dispute resolution provisions of this Agreement.
12.5 Informal Dispute Resolution:
12.5.1 Upon receipt by one Party of notice of a dispute by the other Party pursuant to Section 12.3 above or
Section 12.4.6 above each Party will appoint a knowledgeable, responsible representative to meet and
negotiate in good faith to resolve any dispute arising under this Agreement. The location, form, frequency,
duration, and conclusion of these discussions will be left to the discretion of the representatives. Upon
agreement, the representatives may utilize other alternative dispute resolution procedures such as
mediation to assist in the negotiations. Discussions and the correspondence among the representatives for
purposes of settlement are exempt from discovery and production and will not be admissible in the
arbitration described below or in any lawsuit without the concurrence of both Parties. Documents identified
in or provided with such communications that were not prepared for purposes of the negotiations are not so
exempted, and, if otherwise admissible, may be admitted in evidence in the arbitration or lawsuit.
12.6 Formal Dispute Resolution:
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12.6.1 If the Parties are unable to resolve the dispute through the informal procedure described in Section 12.5
above, then either Party may invoke the formal dispute resolution procedures described in this Section 12.6.
Unless agreed among all Parties, formal dispute resolution procedures, including arbitration or other
procedures as appropriate, may be invoked not earlier than sixty (60) calendar days after receipt of the letter
initiating dispute resolution under Section 12.3 above.
12.6.2 Claims Subject to Mandatory Commercial Arbitration:
12.6.2.1 The following Claims, if not settled through informal dispute resolution, will be subject to
mandatory commercial arbitration pursuant to Section 12.7 below.