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Complaint of US LEC of Florida, Inc.
Florida Public Service Commission
Page 5 of 10
111. TERMS OF THE AGREEMENTS
15. Section W.A. of the Initial Agreement and Section W.B. of the Opt-In Agreement
state that the “delivery of local traffic between the parties shall be reciprocal and compensation
wiIl be mutual according to the provisions of this Agreement.” Local TrafEc is defined in
Section I.C. of both Agreements as “any telephone call that originates in one exchange and
terminates in either the same exchange, or a corresponding Extended Area Service YEAS”)
exchange.” Section W.B. of the Initial Agreement and Section 1V.C. of the Opt-In Agreement
also provide that “[elach party will pay the other for terminating its local traffic on the other’s
network the local interconnection rates as set forth in Attachment B-1, by this reference
incorporated herein.” In Attachment B-1, the parties agreed to the rate to be paid for terminating
local traffic.
Section XXI.A.2. of both Agreements specifically makes the Agreements subject
to any subsequent decisions of either the FCC or this Commission. That section requires the
parties to conform the Agreement to the requirements of “any such decision, rule, regulation ox
preemption.”
17. Finally, Section xxu( of the Initial Agreement and Section XXVIII of the Opt-In
Agreement, termed “Entire Agreement”, state as follows:
This Agreement . . . sets forth the entire understanding and
supersedes prior (but not contemporaneous) agreements between
the parties, relating to the subject matter contained herein and
merges all prior and contemporaneous discussions between them,
and neither party shall be bound by any definition, condition,
provision, representation, warranty, covenant or promise other than
as expressly stated in this Agreement or as contemporaneously or
subsequently set forth in writing and executed by a duly authorized
officer or representative of the party to be bound thereby.