Common use of Facilities Compensation Clause in Contracts

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 Interconnection Facilities, Facilities CLEC may utilize a Fiber Meet Point, lease facilities from ILEC or lease facilities from a third party to reach the POI. If CLEC utilizes a Fiber Meet Point or leases facilities from a third party, CLEC shall bear the full cost of the facility to 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 's_ network at the rates contained in the applicable ILEC TariffPricing Attachment subject to the cost sharing provisions in Section 3.1.4 below. 3.1.3 Each Party shall be responsible for the cost of Direct Interconnection Facilities on its side of the POI subject to the cost- sharing provisions as described in Section 3.1.4 of this Attachment. 3.1.4 In Where a Direct Interconnection Facility is used for two-way traffic exchanged between the event that CLEC elects Parties as described in Sections 3.1.1, 3.1.2 and 3.1.3 above, the charges for such facility provided and billed by ILEC shall be shared based on each Party's proportion of originating Local/EAS Traffic and ISP-Bound Traffic to offer service within ILEC’s serving area using total traffic exchanged between the Parties over such facility (total includes Transit Traffic). This percentage is referred to as the Shared Facility Factor and is listed below. The charges for such Direct Interconnection Facility shall be reduced by ILEC by applying the Shared Facility Factor. The Parties agree to review these percentages on a switch located outside ILEC’s serving areaperiodic basis and, CLEC agrees if warranted by the actual usage, revise the Shared Facility Factor appropriately. To the extent the Parties utilize the two-way Direct Interconnection Facility to provide exchange combined local/EAS Traffic, ISP Bound Traffic and interexchange traffic, 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 portion of the requirements of Section 3.1.4, ILEC will not compensate CLEC Direct Interconnection Facility used 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 exchange of interexchange traffic shall be deemed cost based the responsibility of CLEC and that ILEC shall not be required to perform a subject such 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 directionssharing obligations. a) ILEC-Shared Facility Factor 50% b) CLEC-Shared Facility Factor 50%