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AT&T Wholesale Agreement - AT&T Clec Online

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Page 92 of 94<br />

1.0 Pricing Schedule<br />

Pricing Schedule/AT&T LOUISIANA<br />

Page 3 of 3<br />

Cricket Communications, Inc.<br />

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

1.1 This Pricing Schedule Attachment sets forth the pricing terms and conditions that apply to the Parties’ Two-Way<br />

Commercial Mobile Radio Service (CMRS) Interconnection <strong>Agreement</strong> (Wireless) (the “<strong>Agreement</strong>”) to which this<br />

Pricing Schedule is attached. References to the <strong>Agreement</strong> include all Attachments thereto, including this Pricing<br />

Schedule Attachment. The rate tables included in this Attachment may be divided into categories. These categories<br />

are for convenience only and shall not be construed to define or limit any of the terms herein or affect the meaning or<br />

interpretation of this Attachment or the <strong>Agreement</strong>.<br />

1.2 Notice to Adopting CMRS Providers (“CMRSs”)<br />

1.2.1 Notwithstanding anything to the contrary in this Pricing Schedule Attachment or in the <strong>Agreement</strong>, in the<br />

event that any CMRS PROVIDER should seek to adopt the <strong>Agreement</strong> pursuant to Section 252(i) of the Act<br />

(“Adopting CMRS PROVIDER”), the Adopting CMRS PROVIDER will be entitled to the current rates set forth<br />

in this <strong>Agreement</strong> as of the date that the adopted <strong>Agreement</strong> becomes effective between the Parties, e.g., if<br />

the adopted agreement becomes effective upon approval of the applicable state Commission, (“MFN<br />

Effective Date”) the then current rates become effective on the MFN Effective Date on a prospective basis<br />

only. Nothing in the <strong>Agreement</strong> shall entitle an Adopting CMRS PROVIDER to retroactive application of any<br />

rates under this <strong>Agreement</strong> to any date prior to the MFN Effective Date, and any adopting CMRS PROVIDER<br />

is foreclosed from making any such claim hereunder. Notwithstanding the foregoing, all pricing factors<br />

contained in this Pricing Schedule Attachment, such as the shared facility factor and Inter-MTA factor, are<br />

CMRS PROVIDER-specific, and when any CMRS PROVIDER seeks to adopt the <strong>Agreement</strong> pursuant to<br />

Section 252(i) of the Act, the Parties shall negotiate CMRS PROVIDER-specific factors.<br />

1.2.2 AT&T LOUISIANA’s obligations, pursuant to the General Terms and Conditions, are solely to provide<br />

Interconnection Services for which rates, terms and conditions are provided for in this <strong>Agreement</strong> and/or<br />

applicable tariff. Accordingly, to the extent CMRS PROVIDER orders a product or service for which there are<br />

no rates, terms or conditions contained in this <strong>Agreement</strong>, AT&T LOUISIANA may reject the order.<br />

1.3 Recurring Charges<br />

1.3.1 Unless otherwise identified in the Pricing Tables, where rates are shown as monthly, a month is defined as a<br />

thirty (30) day calendar month. The minimum term for each monthly-rated Interconnection Services will be<br />

one (1) month. After the initial month, billing will be on the basis of whole or fractional months used. Where<br />

rates are determined according to distance, the mileage will be calculated on the airline distance involved<br />

between the locations, using the V&H coordinates method, as set forth in the National Exchange Carrier<br />

Association, Inc. Tariff FCC No 4. When the calculation results in a fraction of a mile, AT&T LOUISIANA will<br />

round up to the next whole mile to determine the mileage and then apply the applicable rate.<br />

1.4 Non-Recurring Charges:<br />

Page 92 of 105<br />

1.4.1 Where rates consist of per occurrence charges, such rates are classified as “Non-Recurring Charges.”<br />

1.4.2 CMRS PROVIDER shall pay any applicable service order processing/administration charges for each service<br />

order submitted by CMRS PROVIDER to AT&T LOUISIANA to process requests for installation,<br />

disconnection, rearrangement, change, or record order.

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