Common use of Network Connection Architecture Clause in Contracts

Network Connection Architecture. Charter may connect with CenturyTel on its network at any of the minimum Currently Available points required by the FCC, including at a single Point of Interconnection (POI) within a local access and transport area (“LATA”). Connection at additional points will be reviewed on an individual case basis. Where the Parties mutually agree to directly connect their respective networks, connection will be as specified in the following subsections. Based on the configuration, the installation time line will vary considerably; however, CenturyTel will work with Charter in all circumstances to install POIs within 120 calendar days absent extenuating circumstances. Internetwork connection and protocol must be based on industry standards developed consistent with Section 256 of the Act. 2.2.1 Subject to mutual agreement, the Parties may use the following types of network facility connection, using such interface media as are (i) appropriate to support the type of connection requested and (ii) available at the facility at which connection is requested. a. A Mid-Span Fiber Meet within an existing CenturyTel exchange area whereby the Parties mutually agree to jointly plan and engineer their facility POI at a designated manhole or junction location with each Party being individually responsible for its incurred costs in establishing this arrangement. The POI is the demarcation between ownership of the fiber transmission facility. b. A special access arrangement terminating at a CenturyTel Wire Center subject to the rates, terms, and conditions contained in CenturyTel's applicable tariffs. These facilities will meet the standards set forth in such tariffs. c. Charter may exchange traffic via indirect connections by transiting a third-party provider’s interconnection with CenturyTel. In the event that Charter sends traffic through a third-party provider, Charter will be responsible for any termination, transiting or tandem charges rendered by a third-party provider for all traffic originating on Charter’s network. To the extent that CenturyTel delivers originating traffic to Charter via indirect connections by transiting a third-party provider’s interconnection with Charter, CenturyTel will be responsible for any transiting or tandem charges rendered by a third-party provider for all traffic originating on CenturyTel’s network. 2.2.2 The Parties agree to rely upon existing indirect interconnection arrangements to exchange traffic, as set forth below. With respect to new connections, the Parties agree to initially use indirect interconnection as the means of exchanging traffic at the tandem switch serving the CenturyTel Rate Center. The Parties agree to transition away from existing indirect interconnection arrangements in the following circumstances: (a) Direct Connection for Exchange of “Competing” Traffic 2.2.2.(a)(i) DS1 Threshold Where both Parties are providing service within a CenturyTel Rate Center or exchange, and the volume of traffic reaches a DS1 for three consecutive months, Charter will establish a POI on its network within the CenturyTel Rate Center where there are Currently Available facilities to complete the direct connection, or at some point that is mutually agreeable, capable of accepting time division multiplexing (“TDM”) traffic from CenturyTel for the purposes of establishing a direct connection in that Rate Center. CenturyTel will then complete the direct connection by establishing a T1, or other similar transmission facility, to the Charter point of interconnection over a physical facility provisioned by CenturyTel. The Rate Center where this direct connection is established shall be referred to as “the POI Rate Center.” Once a direct connection is established in the POI Rate Center, that same direct connection will be used by the Parties to exchange traffic that is destined to, or from, any other CenturyTel Rate Center that is directly connected to the POI Rate Center. For purposes of this section, another CenturyTel Rate Center will be considered to be directly connected to the POI Rate Center if it and the POI Rate Center are part of the same host/remote relationship, or if it has EAS to the POI Rate Center. For purposes of this section Extended Community Calling (ECC) is not considered to be EAS. Accordingly, where the volume of traffic reaches a DS1 for three consecutive months in any additional Rate Center that is directly connected to the POI Rate Center, the Parties will use the direct connection established in the IP Rate Center as a central point at which they will exchange traffic that is destined to or from such additional Rate Center.

Network Connection Architecture. Charter XO may connect with CenturyTel on its network at any of the minimum Currently Available points required by the FCC, including at a single Point of Interconnection (POI) within a local access and transport area (“LATA”). Connection at additional points will be reviewed on an individual case basis. Where the Parties mutually agree following a Bona Fide Request (BFR) to directly connect their respective networks, connection will be as specified in the following subsections. Based on the configuration, the installation time line will vary considerably; , however, CenturyTel will work with Charter XO in all circumstances to install POIs IPs within 120 calendar days absent extenuating circumstances. Internetwork connection and protocol must be based on industry standards developed consistent with Section 256 of the Act. 2.2.1 4.1.1 Subject to mutual agreement, the Parties may use the following types of network facility connection, using such interface media as are (i) appropriate to support the type of connection requested and (ii) available at the facility at which connection is requested. a. A Mid-Span Fiber Meet within an existing CenturyTel exchange area whereby the Parties mutually agree to jointly plan and engineer their facility POI IP at a designated manhole or junction location with each Party being individually responsible for its incurred costs in establishing this arrangement. The POI IP is the demarcation between ownership of the fiber transmission facility. b. A special access and/or CLEC Dedicated Transport arrangement terminating at a CenturyTel Wire Center is subject to the rates, terms, and conditions contained in CenturyTel's applicable tariffs. These facilities will meet the standards set forth in such tariffs. c. Charter Either Party may exchange traffic via indirect connections by transiting a third-party provider’s interconnection with CenturyTelthe other Party. In the event that Charter a Party sends traffic through a third-party provider, Charter will be responsible then the originating Party agrees to indemnify the terminating party for any termination, transiting or tandem charges rendered by a third-party provider for all traffic originating on Charter’s network. To the extent that CenturyTel delivers originating traffic to Charter via indirect connections by transiting a third-party provider’s interconnection with Charter, CenturyTel will be responsible for any transiting or tandem charges rendered by a third-party provider for all traffic originating on CenturyTel’s networksuch traffic. 2.2.2 The Parties agree to rely upon existing indirect interconnection arrangements to exchange traffic, as set forth below. With respect to new connections, the Parties agree to initially use indirect interconnection as the means of exchanging traffic at the tandem switch serving the CenturyTel Rate Center. The Parties agree to transition away from existing indirect interconnection arrangements in the following circumstances: 4.1.2 Where direct connection is utilized under options (a) Direct Connection for Exchange of “Competing” Traffic 2.2.2.(a)(ior (b) DS1 Threshold Where both Parties are providing service within a CenturyTel Rate Center or exchange, and the volume of traffic reaches a DS1 for three consecutive months, Charter will establish a POI on its network within the CenturyTel Rate Center where there are Currently Available facilities to complete the direct connection, or at some point that is mutually agreeable, capable of accepting time division multiplexing (“TDM”) traffic from CenturyTel for the purposes of establishing a direct connection in that Rate Center. CenturyTel will then complete the direct connection by establishing a T1, or other similar transmission facility, to the Charter point of interconnection over a physical facility provisioned by CenturyTel. The Rate Center where this direct connection is established shall be referred to as “the POI Rate Center.” Once a direct connection is established in the POI Rate Center, that same direct connection will be used by the Parties to exchange traffic that is destined to, or from, any other CenturyTel Rate Center that is directly connected to the POI Rate Center. For purposes of this section, another CenturyTel Rate Center will be considered to be directly connected to the POI Rate Center if it and the POI Rate Center are part of the same host/remote relationship, or if it has EAS to the POI Rate Center. For purposes of this section Extended Community Calling (ECC) is not considered to be EAS. Accordingly, where the volume of traffic reaches a DS1 for three consecutive months in any additional Rate Center that is directly connected to the POI Rate Centerabove, the Parties will use mutually designate at least one IP on CenturyTel's network within each Local Calling area for the direct connection established in the IP Rate Center as a central point at which they will exchange traffic that is destined to or from such additional Rate Centerrouting of Local Traffic.