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AT&T Wholesale Agreement - AT&T Clec Online

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Page 60 of 94<br />

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

Page 13 of 18<br />

Cricket Communications, Inc.<br />

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

4.1.3 The Parties agree that IP-enabled (including, without limitation, voice over Internet protocol (“VoIP”)) traffic<br />

between them in the mobile-to-land and the land-to-mobile direction shall be treated as Telecommunications<br />

traffic for purposes of this <strong>Agreement</strong>, and compensation for such traffic shall be based on the jurisdictional<br />

end points of the call. Accordingly, no additional or separate measurement or tracking of IP-enabled traffic<br />

shall be necessary.<br />

4.1.4 The IntraMTA traffic delivered to the other Party by a third party carrier is de minimis at this time. At such<br />

time either Party can substantiate that such traffic is no longer de minimis, the terms and conditions for this<br />

traffic shall be implemented.<br />

4.2 Compensation For Local Authorized Services Interconnection:<br />

Page 60 of 105<br />

4.2.1 Compensation rates for Interconnection are contained in the Pricing Schedule attached hereto.<br />

4.2.2 Compensation for Local Authorized Services Interconnection:<br />

4.2.2.1 Compensation for Section 251(b)(5) Calls, Transport and Termination. Subject to the limitations<br />

set forth below in Section 4.2.3 below, AT&T LOUISIANA shall compensate WSP for the transport<br />

and termination of Section 251(b)(5) Calls originating on AT&T LOUISIANA’s network and<br />

terminating on WSP’s network. WSP shall compensate AT&T LOUISIANA for the transport and<br />

termination of Section 251(b)(5) Calls originating on WSP’s network and terminating on AT&T<br />

LOUISIANA’s network. The rates for this reciprocal compensation are set forth in the Pricing<br />

Schedule attached hereto.<br />

4.2.2.2 For purposes of this section, “Qualifying Traffic” means Section 251(b)(5) Calls traffic and mobileto-land<br />

ISP-Bound Traffic, as defined in General Terms and Conditions Section 2 “Definitions of<br />

this <strong>Agreement</strong>” originated and terminated between ATT LOUISIANA and WSP. Qualifying Traffic<br />

does not include IntraLATA Toll Traffic, Meet Point Billing Traffic, InterMTA Traffic, Transit Traffic<br />

or Terminating InterMTA Traffic. Upon mutual agreement that Qualifying Traffic between the<br />

Parties has been within +-5% of equilibrium (50%) for 3 consecutive months, Bill and Keep shall be<br />

implemented prospectively as the reciprocal compensation arrangement for Qualifying Traffic so<br />

long as Qualifying Traffic exchanged remains within +/-5% of equilibrium (“In Balance”). Cricket<br />

reserves its rights to modify this Section 4.2.2.2 and sub-sections 4.2.2.2.1, 4.2.2.2.2, 4.2.2.2.3,<br />

4.2.2.2.4, 4.2.2.2.5, 4.2.2.2.6, 4.2.2.2.7, 4.2.2.2.8, 4.2.2.2.9, and 4.2.2.2.10 consistent with the<br />

Commission’s findings in a final and effective order in Docket No. U-31350 (“Commission Order”)<br />

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<br />

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

modification via an amendment to this <strong>Agreement</strong> pursuant to the timelines and procedures set<br />

forth therein. Both Parties reserve their rights to modify this language pursuant to any appeals<br />

resulting from Docket No. U-31350.<br />

4.2.2.2.1 The calculation for determining whether traffic is In Balance will be based on the<br />

difference between the total Qualifying Traffic originated by each Parties End Users<br />

terminated to the other Parties End Users, divided by the sum of both Parties’ End<br />

Users’ terminated Qualifying Traffic multiplied by 100.<br />

4.2.2.2.2 If bill and keep is implemented pursuant to subsection 4.2.2.2 above and Qualifying<br />

Traffic is thereafter determined to be not In Balance for three (3) consecutive months,<br />

bill and keep shall no longer apply and $0.0007 per MOU shall immediately apply to all<br />

Qualifying Traffic.<br />

4.2.2.2.3 Once $0.0007 applies to Qualifying Traffic pursuant to subsection 4.2.2.2.2 above, it will<br />

apply for the remaining term of this <strong>Agreement</strong>.

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