Common use of ISP-Bound Traffic Rebuttable Presumption Clause in Contracts

ISP-Bound Traffic Rebuttable Presumption. 6.3.5.1 In accordance with Paragraph 79 of the FCC’s ISP Compensation Order, the Parties agree that there is a rebuttable presumption that any of the combined Section 251(b)(5) Traffic, Non-toll VoIP-PSTN Traffic, ISP-Bound Traffic and in AT&T-12STATE, Wholesale Local Switching Traffic exchanged between the Parties exceeding a 3:1 terminating to originating ratio is, for purposes of Intercarrier Compensation, presumed to be ISP-Bound Traffic subject to the compensation terms in this Section 6.3.5 above. Either Party has the right to rebut the 3:1 ISP-Bound Traffic presumption by identifying the actual ISP-Bound Traffic by any means agreed by the Parties, or by any method approved by the Commission. If a Party seeking to rebut the presumption takes appropriate action at the Commission pursuant to Section 252 of the Act and the Commission agrees that such Party has rebutted the presumption, the methodology and/or means approved by the Commission for use in determining the ratio shall be utilized by the Parties as of the date of the Commission approval and, in addition, shall be utilized to determine the appropriate true- up as described below. During the pendency of any such proceedings to rebut the presumption, the Parties will remain obligated to pay the reciprocal compensation rates set forth in Section 6.2 above for Section 251(b)(5) Traffic and Non-toll VoIP-PSTN Traffic and the rates set forth in Section 6.3.4.2

ISP-Bound Traffic Rebuttable Presumption. 6.3.5.1 In accordance with Paragraph 79 of the FCC’s ISP Compensation Order, the Parties agree that there is a rebuttable presumption that any of the combined Section 251(b)(5) Traffic, Non-toll VoIP-PSTN Traffic, ISP-Bound Traffic and and, in AT&T-12STATE, Wholesale Local Switching Traffic exchanged between the Parties exceeding a 3:1 terminating to originating ratio is, for purposes of Intercarrier Compensation, presumed to be ISP-Bound Traffic subject to the compensation terms in this Section 6.3.5 above. Either Party has the right to rebut the 3:1 ISP-Bound Traffic presumption by identifying the actual ISP-Bound Traffic by any means agreed by the Parties, or by any method approved by the Commission. If a Party seeking to rebut the presumption takes appropriate action at the Commission pursuant to Section 252 of the Act and the Commission agrees that such Party has rebutted the presumption, the methodology and/or means approved by the Commission for use in determining the ratio shall be utilized by the Parties as of the date of the Commission approval and, in addition, shall be utilized to determine the appropriate true- true-up as described below. During the pendency of any such proceedings to rebut the presumption, the Parties will remain obligated to pay the reciprocal compensation rates set forth in Section 6.2 above for Section 251(b)(5) Traffic and Non-toll VoIP-PSTN Traffic and the rates set forth in Section 6.3.4.2

ISP-Bound Traffic Rebuttable Presumption. 6.3.5.1 In accordance with Paragraph 79 of the FCC’s ISP Compensation Order, the Parties agree that there is a rebuttable presumption that any of the combined Section 251(b)(5) Traffic, Non-toll VoIP-PSTN Traffic, Traffic (excluding traffic originated by carriers purchasing a local switching product from AT&T) and ISP-Bound Traffic and in AT&T-12STATE, Wholesale Local Switching Traffic exchanged between the Parties exceeding a 3:1 terminating to originating ratio is, for purposes of Intercarrier Compensation, is presumed to be ISP-Bound Traffic subject to the compensation terms in this Section 6.3.5 above. Either Party has the right to rebut the 3:1 ISP-Bound Traffic presumption by identifying the actual ISP-Bound Traffic by any means agreed by the Parties, or by any method approved by the Commission. If a Party seeking to rebut the presumption takes appropriate action at the Commission pursuant to Section 252 of the Act and the Commission agrees that such Party has rebutted the presumption, the methodology and/or means approved by the Commission for use in determining the ratio shall be utilized by the Parties as of the date of the Commission approval and, in addition, shall be utilized to determine the appropriate true- true-up as described below. During the pendency of any such proceedings to rebut the presumption, the Parties will remain obligated to pay the reciprocal compensation rates set forth in Section 6.2 6.3.4.2 above for Section 251(b)(5) Traffic and NonISP-toll VoIP-PSTN Traffic and the rates set forth in Section 6.3.4.2Bound Traffic.

ISP-Bound Traffic Rebuttable Presumption. 6.3.5.1 Traffic delivered to a Party that exceeds a 3:1 ratio of terminating to originating traffic is presumed to be ISP- Bound Traffic. In accordance with Paragraph 79 of the FCC’s ISP Compensation Order, the Parties CLEC and ILEC agree that there is a rebuttable presumption that any of the combined Section 251(b)(5) Traffic, Non-toll VoIP-PSTN Traffic, Traffic and ISP-Bound Traffic and in AT&T-12STATE, Wholesale Local Switching Traffic bound traffic exchanged between the Parties CLEC and ILEC exceeding a 3:1 terminating to originating ratio is, for purposes of Intercarrier Compensation, is presumed to be ISP-Bound ISP- bound Traffic subject to the compensation and growth cap terms in this Section 6.3.5 above2.0. Either Party party has the right to rebut the 3:1 ISP-Bound Traffic ISP presumption by identifying the actual ISP-Bound bound Traffic by any means mutually agreed by the Parties, or by any method approved by the Commission. If a Party seeking to rebut the presumption takes appropriate action at the Commission pursuant to Section section 252 of the Act and the Commission agrees that such Party has rebutted the presumption, the methodology and/or means approved by the Commission for use in determining the ratio shall be utilized by the Parties as of the date of the Commission approval and, in addition, shall be utilized to determine the appropriate true- true-up as described below. During the pendency of any such proceedings to rebut the presumption, the Parties CLEC and ILEC will remain obligated to pay the presumptive rates (reciprocal compensation rates set forth in Section 6.2 above for Section 251(b)(5) Traffic and Non-toll VoIP-PSTN Traffic and traffic below a 3:1 ratio, the rates set forth in Section 6.3.4.22.2.2 for traffic above the ratio) subject to a true-up upon the conclusion of such proceedings. Such true-up shall be retroactive back to the date a Party first sought appropriate relief from the Commission.

ISP-Bound Traffic Rebuttable Presumption. 6.3.5.1 In accordance with Paragraph 79 of the FCC’s ISP Compensation Order, the Parties agree that there is a rebuttable presumption that any of the combined Section 251(b)(5) Traffic, Non-toll VoIP-PSTN Traffic, ISP-Bound Traffic and in AT&T-12STATE, Wholesale Local Switching Traffic exchanged between the Parties exceeding a 3:1 terminating to originating ratio is, for purposes of Intercarrier Compensationintercarrier compensation, presumed to be ISP-Bound Traffic subject to the compensation terms in this Section 6.3.5 above. Either Party has the right to rebut the 3:1 ISP-Bound Traffic presumption by identifying the actual ISP-Bound Traffic by any means agreed by the Parties, or by any method approved by the Commission. If a Party seeking to rebut the presumption takes appropriate action at the Commission pursuant to Section 252 of the Act and the Commission agrees that such Party has rebutted the presumption, the methodology and/or means approved by the Commission for use in determining the ratio shall be utilized by the Parties as of the date of the Commission approval and, in addition, shall be utilized to determine the appropriate true- true-up as described below. During the pendency of any such proceedings to rebut the presumption, the Parties will remain obligated to pay the reciprocal compensation rates set forth in Section 6.2 6.3.4.2 above for Section 251(b)(5) Traffic and NonISP-toll VoIP-PSTN Traffic and the rates set forth in Section 6.3.4.2Bound Traffic.

ISP-Bound Traffic Rebuttable Presumption. 6.3.5.1 6.6.1 In accordance with Paragraph 79 of the FCC’s ISP Compensation Order, the Parties agree that there is a rebuttable presumption that any of the combined Section 251(b)(5) Traffic, Non-toll VoIP-PSTN Traffic, Traffic and ISP-Bound Traffic and in AT&T-12STATE, Wholesale Local Switching Traffic exchanged between the Parties exceeding a 3:1 terminating to originating ratio is, for purposes of Intercarrier Compensation, is presumed to be ISP-Bound Traffic subject to the compensation terms in this Section 6.3.5 above6.3. Either Party has the right to rebut the 3:1 ISP-Bound Traffic presumption by identifying the actual ISP-Bound Traffic by any means mutually agreed by the Parties, or by any method approved by the Commission. If a Party seeking to rebut the presumption takes appropriate action at the Commission pursuant to Section 252 of the Act and the Commission agrees that such Party has rebutted the presumption, the methodology and/or means approved by the Commission for use in determining the ratio shall be utilized by the Parties as of the date of the Commission approval and, in addition, shall be utilized to determine the appropriate true- true-up as described below. During the pendency of any such proceedings to rebut the presumption, the Parties will remain obligated to pay the reciprocal compensation presumptive rates set forth in Section 6.2 above for Section 251(b)(5) Traffic and Non-toll VoIP-PSTN Traffic and (the rates set forth in Section 6.3.4.25 for traffic below a 3:1 ratio, the rates set forth in Section 6.2.2 for traffic above the ratio) subject to a true-up upon the conclusion of such proceedings. Such true-up shall be retroactive back to the date a Party first sought appropriate relief from the Commission.

ISP-Bound Traffic Rebuttable Presumption. 6.3.5.1 In accordance with Paragraph 79 of the FCC’s ISP Compensation Order, the Parties agree that there is a rebuttable presumption that any of the combined Section 251(b)(5) Traffic, Non-toll VoIP-PSTN Traffic, ISP-Bound Traffic and in AT&T-12STATE, Wholesale Local Switching Traffic exchanged between the Parties exceeding a 3:1 terminating to originating ratio is, for purposes of Intercarrier Compensationintercarrier compensation, presumed to be ISP-Bound Traffic subject to the compensation terms in this Section 6.3.5 above. Either Party has the right to rebut the 3:1 ISP-Bound Traffic presumption by 000077 identifying the actual ISP-Bound Traffic by any means agreed by the Parties, or by any method approved by the Commission. If a Party seeking to rebut the presumption takes appropriate action at the Commission pursuant to Section 252 of the Act and the Commission agrees that such Party has rebutted the presumption, the methodology and/or means approved by the Commission for use in determining the ratio shall be utilized by the Parties as of the date of the Commission approval and, in addition, shall be utilized to determine the appropriate true- true-up as described below. During the pendency of any such proceedings to rebut the presumption, the Parties will remain obligated to pay the reciprocal compensation rates set forth in Section 6.2 6.3.4.2 above for Section 251(b)(5) Traffic and NonISP-toll VoIP-PSTN Traffic and the rates set forth in Section 6.3.4.2Bound Traffic.