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

6/23/04
Attachment 3
Page 39
14.5.3 For purposes of this Attachment, Termination is the switching of
telecommunications traffic at the terminating carrier’s end office switch, or
equivalent facility, and delivery of such traffic to the called party’s premises.
14.6 Notwithstanding the definitions of Reciprocal Compensation 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”), BellSouth and TC SYTEMS
agree to the rebuttable presumption that all combined circuit switched Local and
ISP-bound Traffic delivered to BellSouth or TC SYTEMS that exceeds a 3:1 ratio
of terminating to originating traffic on a statewide basis shall be considered ISPbound
traffic for compensation purposes. BellSouth and TC SYTEMS further
agree to the rebuttable presumption that all combined circuit switched Local and
ISP-bound Traffic delivered to BellSouth or TC SYTEMS 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.
14.7 With the exception of traffic set forth in Section 14.8 below, all Reciprocal
Compensation Traffic that is exchanged pursuant to this Agreement shall be
compensated as follows, irrespective of the transport and termination provided for
the completion of such traffic:
14.7.1 Commencing on the Effective Date and continuing until the Expiration Date of this
Agreement, $.0007 per minute of use.
14.7.2 For ISP-bound Traffic exchanged during the year 2004 until the Expiration Date of
this Agreement, compensation on a yearly basis shall be billed by the terminating
Party and paid by the originating Party on ISP-bound Traffic minutes up to a ceiling
of ISP-bound minutes, which shall be calculated in accordance with the FCC’s ISP
Order on Remand. To calculate the ceiling on ISP bound Traffic minutes , the
Parties shall first determine the total number of minutes of use of ISP Traffic (as
defined in this Agreement) terminated by one Party for the other Party for the threemonth
period commencing January 1, 2001 and ending March 31, 2001. The Parties
shall then multiply this number of minutes by 4.4, and the resulting product shall be
the terminating Party’s “2001 ISP Annualized Traffic Cap.” The total number of
minutes of use of ISP Traffic for which one Party may receive compensation from
the other Party for any calendar year following the Effective Date of this Agreement
shall equal 1.1 times that Party’s 2001 ISP Annualized Traffic Cap.
14.7.3 No other per MOU charges shall apply to the carriage of Reciprocal Compensation
Traffic by either Party for the other Party except as set forth above. Compensation
for Transit Traffic shall be as set forth in this Attachment.
14.7.4 In no event shall this Agreement have any effect on the rates applicable to non-ISP
Bound Traffic and ISP Bound Traffic prior to the Effective Date of this Agreement
or on any claims by either Party for non-payment of such charges. The rates
applicable to ISP Bound Traffic under this Agreement pursuant to the FCC ISP
CCCS 215 of 433