Facilities Compensation Clause Samples
The Facilities Compensation clause defines the terms under which compensation is provided for the use or provision of facilities in a contractual relationship. Typically, this clause outlines how payments are calculated for access to or use of physical spaces, equipment, or infrastructure, and may specify payment schedules, rates, and any conditions for adjustments. Its core practical function is to ensure that both parties clearly understand the financial arrangements related to facilities, thereby preventing disputes over usage fees and ensuring fair compensation.
Facilities Compensation. 4.1.1 For Direct Interconnection Facilities, Midcontinent may lease facilities from ILEC in its study area, where available, or lease facilities from a third party to reach the POI.
4.1.2 Each Party shall be responsible for all costs of the Direct Interconnection Facilities on its side of the POI. Each Party is responsible for any transport, transiting, or switching charges assessed by any third party on its respective side of the POI. Neither Party shall have any obligation to bear any charges, expenses or other costs assessed in connection with transporting, transiting or switching traffic on the other Party’s side of the POI.
4.1.3 If Midcontinent chooses to lease Direct Interconnection Facilities from the ILEC to reach the POI, Midcontinent shall compensate ILEC for such leased Direct Interconnection Facilities used to interconnect with ILEC’s network for the transmission and routing of Local/EAS Traffic at the rates contained in the Pricing Attachment of this Agreement.
4.1.4 Midcontinent may use a third party carrier’s facilities for purposes of establishing interconnection with ILEC. In such case, on behalf of Midcontinent, the third party carrier will connect dedicated facilities with ILEC. Midcontinent shall be responsible for the payment to any third party carrier for any charges associated with the facilities. If the third-party is CenturyLink, Midcontinent must order the facilities from CenturyLink as a meet-point facility. In no case shall ILEC be responsible for payment to the third party carrier.
4.1.5 In the event ILEC is required to modify its network to accommodate the interconnection request made by Midcontinent, Midcontinent agrees to pay ILEC reasonable charges for such modifications. If Midcontinent uses a third party network provider to reach the POI, Midcontinent will bear all third party carrier charges for facilities and traffic in both directions on its side of the POI.
Facilities Compensation. 3.1.1 For Direct Interconnection Facilities, CLEC may utilize a Fiber Meet Point, lease facilities from ILEC or lease facilities from a third party to reach the POI.
3.1.2 Each Party shall be responsible for the cost of Direct Interconnection Facilities on its side of the POI. Each party is responsible for any transport, transiting, or switching charges assessed by any third party on its respective side of the POI. Neither Party shall have any obligation to bear any charges, expenses or other costs assessed in connection with transporting, transiting or switching traffic on the other Party’s side of the POI. However, should Alliance be required to modify its network to accommodate the interconnection request made by Midco, Midco agrees to pay Alliance charges for such modifications.
3.1.3 If CLEC chooses to lease Direct Interconnection Facilities from the ILEC to reach the POI, CLEC shall compensate ILEC for such leased Direct Interconnection Facilities used for the transmission and routing of telephone exchange service and exchange access service between the Parties and to interconnect with ILEC’s network at the rates contained in the applicable ILEC Tariff.
3.1.4 In the event that CLEC elects to offer service within ILEC’s serving area using a switch located outside ILEC’s serving area, CLEC agrees to provide the interconnection facility for both Parties’ traffic outside ILEC’s contiguous serving area in which CLEC offers service, at no charge to ILEC. Consistent with the requirements of Section 3.1.4, ILEC will not compensate CLEC for the shared interconnection facility beyond the POI in ILEC’s contiguous serving area in which CLEC offers service.
3.1.5 In the event ILEC is required to modify its network to accommodate the interconnection request made by CLEC, CLEC agrees to pay ILEC reasonable cost-based charges for modifications, provided that rates under an accepted Tariff shall be deemed cost based and that ILEC shall not be required to perform a cost study. In accordance with Section 3.1.2, if CLEC uses a third party network provider to reach the POI, CLEC will bear all third party carrier charges for facilities and traffic in both directions.
Facilities Compensation. 3.1.1 For Direct Intereonneetion Facilities, CLEC may utilize a Fiber Meet Point if a Fiber Meet Point is agreed to by ILEC, lease facilities from ILEC or lease facilities from a third party to reach the POI. Final- 11/19;2007 FMTC - Sprint Interconnection Agreement 34 of 55
3.1.2 Each Party shall be responsible for all costs of the Direct lnterconnection Facilities on its side of the POI. Each Party is responsible for any transport, transiting, or switching charges assessed by any third party on its respective side of the POI. Neither Party shall have any obligation to bear any charges, expenses or other costs assessed in connection with transporting, transiting or switching traffic on the other Party's side of the POI.
3.1.3 Sprint may use a third party carrier's facilities for purposes of establishing intercormection with ILEC at the POI. In such case, on behalf of Sprint, the third party carrier will connect dedicated facilities with ILEC at the POI. Sprint shall be responsible for the payment to any third party carrier for any charges associated with the facilities on the Sprint side of the POI. Where facilities are meet point facilities jointly provided by the third-party and ILEC, any portion of the facilities provided by ILEC will be provided at no charge to Sprint.
Facilities Compensation. 4.1.1 For Direct Interconnection Facilities, each Party may utilize its own facilities, lease facilities from the other Party or lease facilities from a third party to reach the POI.
4.1.2 Each Party shall be responsible for all costs of the Direct Interconnection Facilities on its side of the POI. Each Party is responsible for any transport, transiting, or switching charges assessed by any third party on its respective side of the POI. Neither Party shall have any obligation to bear any charges, expenses or other costs assessed in connection with transporting, transiting or switching traffic on the other Party’s side of the POI.
4.1.3 Any transport facilities purchased by one Party (the “Purchasing Party”) from the other Party (the “Providing Party”), for any purposes, shall be subject to the applicable Tariff or contract terms of the Providing Party.
4.1.4 If a Party uses a third party network provider to reach the POI, that Party will bear all third party carrier charges for facilities and traffic in both directions on its side of the POI. A Party may utilize said third party facilities to establish interconnection with the other Party only if trunk groups provided over such third party facilities are dedicated trunk groups used only for that Party’s traffic under this Agreement and such trunk groups connect with the other Party at the POI.
Facilities Compensation. 4.1.1 For Direct Interconnection Facilities, CLEC may utilize a Fiber Meet Point, lease facilities from ILEC, lease facilities from a third- party to reach the POI or self-provision facilities or a combination of all.
4.1.2 Each Party shall be responsible for all costs of the Direct Interconnection Facilities on its side of the POI. Each Party is responsible for any transport, transiting, or switching charges assessed by any third-party on its respective side of the POI. Neither Party shall have any obligation to bear any charges, expenses or other costs assessed in connection with transporting, transiting or switching traffic on the other Party’s side of the POI.
4.1.3 If CLEC chooses to lease a portion or all the Direct Interconnection Facilities from the ILEC to reach the POI, CLEC shall compensate ILEC for such leased Direct Interconnection Facilities used to interconnect with ILEC’s network for the transmission and routing of Local Traffic at the rates contained in the Pricing Attachment of this Agreement.
4.1.4 CLEC may use a third-party carrier’s facilities for purposes of establishing interconnection with ILEC. In such case, on behalf of CLEC, the third-party carrier will connect dedicated facilities with ILEC. CLEC shall be responsible for the payment to any third- party carrier for any charges associated with the facilities. If the third-party is BellSouth Telecommunications, LLC d/b/a AT&T South Carolina (“AT&T”), CLEC must order the facilities from AT&T as a meet-point facility. In no case shall ILEC be responsible for payment to the third-party carrier.
4.1.5 Intentionally left blank.
Facilities Compensation. 3.1.1 For Direct Interconnection Facilities, CLEC may utilize a Fiber Meet Point if a Fiber Meet Point is agreed to by ILEC, lease facilities from ILEC or lease facilities from a third party to reach the POI (at the existing meet point between Hargray Telephone Company, Inc. and ILEC).
3.1.2 Each Party shall be responsible for all costs of the Direct Interconnection Facilities on its side of the POI. Each Party is responsible for any transport, transiting, or switching charges assessed by any third party on its respective side of the POI. Neither Party shall have any obligation to bear any charges, expenses or other costs assessed in connection with transporting, transiting or switching traffic on the other Party's side of the POI.
3.1.3 Sprint may use a third party carrier's facilities for purposes of establishing interconnection with ILEC at the POI (at the existing meet point between AT&T -SoutheastlBellSouth and ILEC). In such case, on behalf of Sprint, the third party carrier will connect dedicated facilities with ILEC at the POI. Sprint shall be responsible for the payment to any third party carrier for any charges associated with the facilities on the Sprint side of the POI. Where facilities are meet point facilities jointly provided by the third-party and ILEC, any portion of the facilities provided by ILEC will be provided at no charge to Sprint.
Facilities Compensation. 3.1.1. For Direct Interconnection Facilities CLEC may utilize its own facilities or lease facilities from ILEC or from a third party to reach the POI. Whether CLEC utilizes its own or leased facilities, CLEC shall bear the full cost of the facility to the POI.
3.1.2. If CLEC chooses to lease Direct Interconnection Facilities from ILEC to reach the POI, CLEC shall compensate ILEC for such leased Direct Interconnection Facilities at the rates contained in the Pricing Attachment of this Agreement.
3.1.3. Each Party shall be responsible for all costs of the Direct Interconnection Facilities on its side of the POI.
Facilities Compensation. 4.1.1 For Direct Interconnection Facilities, Level 3 Communications, LLC may utilize a Fiber Meet Point, lease facilities from Champlain Telephone Company, or lease facilities from a third party to reach the POI.
4.1.2 Each Party shall be responsible for all costs of the Direct Interconnection Facilities on its side of the POI. Each Party is responsible for any transport, transiting, or switching charges assessed by any third party on its respective side of the POI. Neither Party shall have any obligation to bear any charges, expenses, or other costs assessed in connection with transporting, transiting, or switching traffic on the other Party’s side of the POI.
4.1.3 If Level 3 Communications, LLC chooses to lease Direct Interconnection Facilities from Champlain Telephone Company to reach the POI, Level 3 Communications, LLC shall compensate Champlain Telephone Company for such leased Direct Interconnection Facilities used to interconnect with Champlain Telephone Company’s network for the transmission and routing of Local/EAS/ISP-Bound Traffic at the rates contained in the Pricing Attachment of this Agreement.
4.1.4 Level 3 Communications, LLC may use a third party carrier’s facilities for purposes of establishing interconnection with Champlain Telephone Company. In such case, on behalf of Level 3 Communications, LLC, the third party carrier will connect dedicated facilities with Champlain Telephone Company. Level 3 Communications, LLC shall be responsible for payment to any third party carrier for any charges associated with the facilities. In no case shall Champlain Telephone Company be responsible for payment to a third party carrier.
4.1.5 If Level 3 Communications, LLC makes a request for a method of interconnection not already provided for under this Agreement or if CenturyLink requests Champlain to build facilities to a point distant from the existing network and in the event Champlain Telephone Company is required to modify its network to accommodate the interconnection request made by Level 3 Communications, LLC, Level 3 Communications, LLC agrees to pay Champlain Telephone Company reasonable charges for such modifications. If Level 3 Communications, LLC uses a third party network provider to reach the POI, Level 3 Communications, LLC will bear all third party carrier charges for facilities and traffic in both directions on its side of the POI.
Facilities Compensation. 5.4.1 Where two (2) way Direct Interconnection Facilities are used for traffic exchanged between the Parties, the charges for such facilities provided by Company shall be shared based on each Party’s proportion of originating traffic to total traffic exchanged between the Parties, in accordance with this Agreement. If actual usage data is not available in order to determine the amount of traffic exchanged between the Parties, then an estimated percentage of originating traffic to total traffic may be used. This estimated percentage is referred to as the Traffic Factor and is listed below. The charges for such facilities, excluding cost of new construction, provided and billed by Company shall be reduced by applying the Traffic Factor. The Parties agree to review these percentages on a periodic basis and, if warranted by the actual usage, revise the Traffic Factor appropriately.
a) Landline-to-Wireless - 30% b) Wireless-to-Landline - 70% 5.4.2 FCC Rule 47 C.F.R. §51.709(c) provides that for Traffic exchanged between HTC, as and only as an interstate rate-of-return regulated rural telephone company, and DISH, HTC will be responsible for transport to DISH’s interconnection point when it is located within HTC’s service area. When DISH’s interconnection point is located outside HTC’s service area, HTC’s transport and provisioning obligation stops at its meet point and DISH is responsible for the remaining transport to its interconnection point (the “Rural Transport Rule”).