Bright House Networks Information Services ... - AT&T Clec Online

Attachment 3
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LATA. ISP-bound traffic is subject to compensation to the extent provided by the
FCC in its Order on Remand and Report and Order, CC Docket Nos. 96-98, FCC
01-31 (released April 27, 2001) (“ISP Remand Order”).
7.1.3 Notwithstanding the definitions of Local Traffic and ISP-bound traffic above, and
pursuant to the FCC’s Order on Remand and Report and Order in CC Docket 99-
68 released April 27, 2001 (“ISP Order on Remand”), AT&T and BHN agree to
the rebuttable presumption that all combined circuit switched Local and ISPbound
Traffic delivered to AT&T or BHN that exceeds a 3:1 ratio of terminating
to originating traffic on a statewide basis shall be considered ISP-bound traffic for
compensation purposes. AT&T and BHN further agree to the rebuttable
presumption that all combined circuit switched Local and ISP-bound Traffic
delivered to AT&T or BHN that does not exceed a 3:1 ratio of terminating to
originating traffic on a statewide basis shall be considered Local Traffic for
compensation purposes.
7.1.4 Neither Party shall pay compensation to the other Party for per minute of use rate
elements associated with the Call Transport and Termination of Local Traffic or
ISP-bound Traffic.
7.1.4.1 The elemental rates set forth in Exhibit A of this Agreement shall apply
throughout the term of this Agreement for Multiple Tandem Access, as described
in Section 4.10.1.5 above, and Transit Traffic, as described in Section 7.6 below.
7.1.5 Neither Party shall represent Switched Access Traffic as Local Traffic or ISPbound
Traffic for purposes of determining compensation for the call.
7.1.6 If BHN assigns NPA/NXXs to specific AT&T rate centers within the LATA and
assigns numbers from those NPA/NXXs to BHN end users physically located
outside of that LATA, AT&T traffic originating from within the LATA where the
NPA/NXXs are assigned and delivered to a BHN customer physically located
outside of such LATA, shall not be deemed Local Traffic. Further, BHN agrees
to identify such interLATA traffic to AT&T and to compensate AT&T for
originating and transporting such interLATA traffic to BHN at AT&T’s switched
access tariff rates. This section is not intended to conflict with the definition of
Local Traffic set forth in Section 7.1.1 above.
7.2 If BHN does not identify such interLATA traffic to AT&T, to the best of AT&T’s
ability AT&T will determine which whole BHN NPA/NXXs on which to charge
the applicable rates for originating network access service as reflected in AT&T’s
Access Service Tariff. AT&T shall make appropriate billing adjustments if BHN
can provide sufficient information for AT&T to determine whether or not said
traffic is Local Traffic.
7.3 Jurisdictional Reporting
7.3.1 Percent Local Use. Each Party shall report to the other a Percent Local Usage
(“PLU”) factor. The application of the PLU will determine the amount of local
minutes to be billed to the other Party. For purposes of developing the PLU, each
Party shall consider every local call and every long distance call, excluding
Transit Traffic. Each Party shall update its PLU on the first of January, April,
CCCS 117 of 369