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Customer Name: Southern Light, LLC - AT&T Clec Online

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Page 221 of 374<br />

ATT 3 – NETWORK INTERCONNECTION/AT&T-9STATE<br />

PAGE 15 OF 24<br />

SOUTHERN LIGHT<br />

1Q08 GENERIC INTERCONNECTION AGREEMENT – 03/10/08<br />

Order on Remand), AT&T and <strong>Southern</strong> <strong>Light</strong> agree to the rebuttable presumption that all<br />

combined Local and ISP-Bound Traffic that exceeds a 3:1 ratio of terminating to originating traffic<br />

on a statewide basis shall be considered ISP-Bound Traffic for compensation purposes. AT&T and<br />

<strong>Southern</strong> <strong>Light</strong> further agree to the rebuttable presumption that all combined Local and ISP-Bound<br />

Traffic that does not exceed a 3:1 ratio of terminating to originating traffic on a statewide basis shall<br />

be considered Local Traffic for compensation purposes. Either Party has the right to rebut the 3:1<br />

ISP-Bound Traffic presumption by identifying the actual ISP-Bound Traffic by any means mutually<br />

agreed by the Parties, or by any method approved by the Commission. If a Party seeking to rebut<br />

the presumption takes appropriate action at the Commission pursuant to Section 252 of the Act and<br />

the Commission agrees that such Party has rebutted the presumption, the methodology and/or<br />

means approved by the Commission for use in determining the ratio shall be utilized by the Parties<br />

as of the date of the Commission approval and, in addition, shall be utilized to determine the<br />

appropriate true-up as described below. During the pendency of any such proceedings to rebut the<br />

presumption, the Parties will remain obligated to pay the reciprocal compensation rates set forth in<br />

Section 8.1.4 for Local Traffic, and the rates set forth in Section 8.1.5 for ISP-Bound Traffic. ISP-<br />

Bound Traffic is subject to a true-up upon the conclusion of such proceedings. Such true-up shall<br />

be retroactive back to the date a Party first sought appropriate relief from the Commission.<br />

8.1.4 The Parties shall compensate each other at the appropriate elemental rates set forth in Exhibit A for<br />

the Call Transport and Termination of Local Traffic. <strong>Southern</strong> <strong>Light</strong> will only be paid End Office rate<br />

elements.<br />

8.1.5 The Parties shall compensate each other at the composite rate of $0.0007 for the Call Transport<br />

and Termination of ISP-Bound Traffic.<br />

8.1.6 The appropriate elemental rates set forth in Exhibit A shall apply for Transit Traffic as described in<br />

this Attachment and for MTA as described in this Attachment.<br />

8.1.7 Neither Party shall represent Switched Access Traffic as Local Traffic or ISP-Bound Traffic for<br />

purposes of determining compensation for the call. If <strong>Southern</strong> <strong>Light</strong> delivers Switched Access<br />

Traffic to AT&T for termination in violation of this Section, AT&T shall charge <strong>Southern</strong> <strong>Light</strong><br />

terminating switched access charges as set forth in AT&T’s Intrastate Access Services Tariff and/or<br />

BellSouth’s FCC No. 1 Tariff, as appropriate. Additionally, such delivery of traffic shall constitute<br />

improper use of AT&T facilities as set forth in Section 1.5.2 of Attachment 7 of this Agreement.<br />

8.1.8 IntraLATA Toll Traffic is defined as all traffic, regardless of transport protocol method, that<br />

originates and terminates within a single LATA that is not Local Traffic or ISP-Bound traffic under<br />

this Attachment.<br />

8.1.8.1 For terminating its intraLATA toll traffic on the other Party’s network, the originating Party will pay<br />

the terminating Party AT&T’s current intrastate or interstate, whichever is appropriate, terminating<br />

switched access tariff rates as set forth in AT&T’s intrastate Access Services Tariffs and/or<br />

BellSouth’s FCC No. 1 Tariff as filed and in effect with the FCC or appropriate Commission. The<br />

appropriate charges will be determined by the routing of the call. Additionally, if one (1) Party is the<br />

other Party’s customer’s presubscribed interexchange carrier or if one (1) Party’s customer uses<br />

the other Party as an interexchange carrier on a 101XXXX basis, the originating party will charge<br />

the other Party the appropriate AT&T originating switched access tariff rates as set forth in AT&T’s<br />

CCCS 221 of 370

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