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AT&T Wholesale Agreement - AT&T Clec Online

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Page 51 of 94<br />

Page 51 of 105<br />

Attachment 02 – Network Interconnection/AT&T LOUISIANA<br />

Page 4 of 18<br />

Cricket Communications, Inc.<br />

Version: 3Q08 – Two-Way CMRS ICA – Wireless 02/12/09<br />

<strong>Agreement</strong>, the Parties will implement any such modification via an amendment to this <strong>Agreement</strong> pursuant<br />

to the timelines and procedures set forth therein. Both Parties reserve their rights to modify this language<br />

pursuant to any appeals resulting from Docket No. U-31350.<br />

2.3.1.1 Intentionally left blank.<br />

2.3.1.1.1 Intentionally left blank.<br />

2.3.1.1.2 Intentionally left blank.<br />

2.3.1.1.3 Intentionally left blank.<br />

2.3.1.1.4 Intentionally left blank.<br />

2.3.1.1.5 Intentionally left blank.<br />

2.3.1.2 Intentionally left blank.<br />

2.3.1.3 Intentionally left blank.<br />

2.3.2 The Parties will connect their networks, i.e., to and from the AT&T LOUISIANA Central Office Switch where<br />

the Facility connection is established, using the interfaces as described in Section 2.1.2 above.<br />

2.3.3 Nothing in this <strong>Agreement</strong> shall be construed as authorizing WSP to use the Facilities to deliver land-tomobile<br />

traffic that it receives from AT&T LOUISIANA to a facilities-based Competitive Local Exchange<br />

Carrier (“CLEC”), or an Incumbent Local Exchange Carrier (“ILEC”), or an Out-of-Exchange Local Exchange<br />

Carrier (“OELEC”) or another CMRS provider other than WSP, i.e., the final destination of land-to-mobile<br />

traffic delivered from AT&T LOUISIANA is WSP’s End-Users, and WSP may not forward any such traffic to<br />

any Third-Party.<br />

2.3.4 Nothing in this <strong>Agreement</strong> shall be construed as authorizing WSP to use the Facilities to deliver traffic from<br />

a facilities-based CLEC, or an ILEC, or another CMRS provider, or an OELEC, and use the Facilities to<br />

deliver such traffic to AT&T LOUISIANA, i.e., mobile-to-land traffic delivered from WSP to AT&T LOUISIANA<br />

must be from WSP’s End-Users and may not be from any other Third Party. This provision shall not be<br />

construed as prohibiting WSP from carrying roaming traffic on its network, including roaming traffic that<br />

WSP delivers to AT&T LOUISIANA on behalf of another CMRS provider. For the avoidance of doubt, traffic<br />

from another Telecommunication Carrier’s end-users does not constitute Authorized Services traffic.<br />

2.3.5 AT&T LOUISIANA shall not have dedicated transport obligations for, nor shall it have any obligation to share<br />

the cost of Facilities between the Parties’ networks that either cross a LATA boundary, or that are outside of<br />

the AT&T LOUISIANA franchise service area, or that exceed a mutually agreed upon distance of 30 miles<br />

(or the State’s defined local calling area, whichever is greater) from the AT&T LOUISIANA End Office or<br />

Tandem building where the Facility connection is established. WSP is responsible for the cost of Trunks<br />

and Facilities beyond 30 miles (or outside the State’s defined local calling area, whichever is greater).<br />

2.3.6 When WSP uses two-way DS-1 Facilities provided by AT&T LOUISIANA to deliver traffic from its network<br />

and such DS-1 Facilities are (a) dedicated to the transmission of Authorized Services traffic between the<br />

Parties’ networks, and (b) are shared by the Parties, then the proportionate share of the cost of the Facilities<br />

for each Party shall be as provided below. If WSP obtains such Facilities from a Third Party, nothing herein<br />

shall obligate AT&T LOUISIANA to use those Facilities. If AT&T LOUISIANA elects to use such facilities,<br />

AT&T LOUISIANA will reimburse WSP for AT&T LOUISIANA’s proportionate use of such Facilities. Cricket<br />

reserves its rights to modify this Section 2.3.6, including sub-sections 2.3.6.3, 2.3.6.4, 2.3.6.4.1, and 2.3.6.6<br />

consistent with the Commission’s findings in a final and effective order in Docket No. U-31350 (“Commission<br />

Order”) in accordance with Sections 39.2 and 39.3 of the General Terms and Conditions. Notwithstanding<br />

the fact that such a Commission Order may not constitute Intervening Law as set forth in Section 21 of the<br />

General Terms and Conditions of this <strong>Agreement</strong>, the Parties will implement any such modification via an<br />

amendment to this <strong>Agreement</strong> pursuant to the timelines and procedures set forth therein. Both Parties<br />

reserve their rights to modify this language pursuant to any appeals resulting from Docket No. U-31350.

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