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AT&T Wholesale Agreement - AT&T Clec Online

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Page 62 of 94<br />

Page 62 of 105<br />

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

Page 15 of 18<br />

Cricket Communications, Inc.<br />

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

from its End Users. Except as specifically provided herein, each Party shall use procedures that record and<br />

measure actual usage for purposes of providing invoices to the other Party.<br />

4.3.2 The Parties recognize that WSP may not have the technical ability to measure actual usage and bill AT&T<br />

LOUISIANA pursuant to this <strong>Agreement</strong>.<br />

4.3.3 To the extent WSP does not have the ability to measure and bill the actual amount of AT&T LOUISIANA to<br />

WSP Section 251(b)(5) Calls traffic, WSP shall bill AT&T LOUISIANA, using the surrogate billing factor, as<br />

described in Sections 4.3.4 below and 4.3.5 below.<br />

4.3.4 To determine the amount of AT&T LOUISIANA originated Section 251 (b)(5) traffic terminated by WSP to be<br />

billed by WSP to AT&T LOUISIANA, WSP will utilize the Surrogate Billing Factor as follows:<br />

4.3.4.1 The Section 251(b)(5) MOUs originated by AT&T LOUISIANA and terminated by WSP for which<br />

WSP is to bill AT&T LOUISIANA shall be equal to (the Section 251(b)(5) MOUs billed by AT&T<br />

LOUISIANA to WSP) divided by (1 - Surrogate Billing Factor) multiplied by (Surrogate Billing<br />

Factor). Cricket reserves its rights to modify this Section 4.3.4.1 consistent with the Commission’s<br />

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

with Sections 39.2 and 39.3 of the General Terms and Conditions. Notwithstanding the fact that<br />

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<br />

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

Both Parties reserve their rights to modify this language pursuant to any appeals resulting from<br />

Docket No. U-31350 .<br />

Land-to-Mobile Section<br />

251(b)(5) MOUs<br />

=<br />

Mobile-to-Land Section 251(b)(5)<br />

MOUs x<br />

(1 - Surrogate Billing Factor)<br />

Surrogate Billing<br />

Factor<br />

EXAMPLE<br />

Land-to-Mobile Section 251(b)(5) Calls Traffic<br />

Conversation MOU’s = [mobile-to-land Section 251(b)(5) Conversation MOU’s/(1 – Surrogate<br />

Billing Factor)] *<br />

Surrogate Billing Factor<br />

Mobile-to-Land Conversation MOU’s = 15,000<br />

Surrogate Billing Factor = .20<br />

Land-to-Mobile Section 251(b)(5) Calls Conversation MOU’s = [15,000/(1-.20)]*.20<br />

=3,750 Conversation MOU’s<br />

4.3.5 When WSP uses the surrogate billing factor billing method set forth above, WSP shall itemize on each of its<br />

bills the corresponding AT&T LOUISIANA billing account numbers by state, for land-to-mobile Section<br />

251(b)(5) Calls Traffic Conversation MOUs to which the surrogate billing factor is applied. All adjustment<br />

factors and resultant adjusted amounts shall be shown for each line item, including, as applicable, but not<br />

limited to, the surrogate billing factor as provided in this Section 4, the blended call set-up and duration<br />

factors (if applicable), the adjusted call set-up and duration amounts (if applicable), the appropriate rate and<br />

amounts.<br />

4.3.6 The surrogate billing factors are based on WSP-specific, state-specific information available to AT&T<br />

LOUISIANA and/or supplied by WSP and will therefore apply only to WSP and not to any other wireless<br />

service provider, if any, that adopts this <strong>Agreement</strong>.<br />

4.3.7 Except as provided in this Section 4, see the General Terms and Conditions for general billing requirements.

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