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TC Systems, Inc. South Carolina - AT&T Clec Online

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6/23/04<br />

Attachment 3<br />

Page 38<br />

services. ISP-bound Traffic is not Local Traffic subject to reciprocal compensation,<br />

but instead is information access traffic subject to the FCC’s jurisdiction.<br />

14.2.2 Local Traffic, which is defined as any telephone call that originates in one exchange<br />

and terminates in either the same exchange, or other local calling area associated<br />

with the originating exchange as defined and specified in the originating Party’s<br />

tariff. Additionally, Local Traffic includes any cross boundary, voice-to-voice<br />

intrastate, interLATA or interstate, interLATA calls established as a local call by the<br />

ruling regulatory body.<br />

14.3 Nothing in this Agreement shall be construed in any way to constrain either Party’s<br />

choices regarding the size of the local calling areas that it may establish for its end<br />

users.<br />

14.4 The Parties recognize and agree that the compensation for the transport and<br />

termination of Local Traffic is intended to allow each Party to recover costs<br />

associated with such traffic. The Parties recognize and agree that such<br />

compensation will not be billed and shall not be paid for calls where a Party sets up a<br />

call, or colludes with a third party to set up a call, to the other Party’s network for<br />

the purpose of receiving reciprocal compensation, and not for the purposes of<br />

providing a telecommunications service to an end user.<br />

14.5 Transport and Termination Functions – Reciprocal compensation provides<br />

compensation for both Call Transport and Termination of the applicable traffic<br />

between the originating carrier’s point of interconnection and the last point of<br />

switching. The terminating Party shall assess, and the originating party shall pay,<br />

compensation in accordance with this section. Each Party shall assess the equivalent<br />

(symmetrical) rates set forth in this Agreement for the specified transport and<br />

termination function it provides in the transport and termination of Reciprocal<br />

Compensation Traffic.<br />

14.5.1 For purposes of this Attachment, transport is the transmission and any necessary<br />

tandem switching of telecommunications traffic subject to section Reciprocal<br />

Compensation of the Act from the interconnection point between the two carriers to<br />

the terminating carrier’s end office switch that directly serves the called party, or<br />

equivalent facility provided by a carrier other than an incumbent LEC.<br />

14.5.2 Where reciprocal Traffic is transported via a Party’s dedicated trunk group, whether<br />

to an end office switch or a tandem switch, the dedicated transport rates set forth in<br />

this Agreement shall apply in addition to the applicable per minute of use rate<br />

elements. To the extent a rate associated with the dedicated transport is not set<br />

forth in Exhibit A, the rate shall be negotiated by the parties or where applicable,<br />

shall be as set forth in the appropriate Party’s Commission filed and effective tariff<br />

for switched access services.<br />

CCCS 214 of 433

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