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VoIP-PSTN Traffic is defined as traffic exchanged between the Company and the Customer in time division multiplexing (“TDM”) format that originates and/or terminates in Internet protocol (“IP”) format. This section 8 governs the identification and compensation of VoIP-PSTN Traffic that is subject to compensation at rates equivalent to interstate access rates (unless the parties have agreed otherwise) pursuant to the Federal Communications Commission’s Report and Order in WC Docket Nos. 10-90, etc., FCC Order No. 11-161. The terminating VoIP-PSTN Traffic identified in accordance with this tariff section, and in the absence of an interconnection agreement setting forth alternative rates and terms, will be billed at rates equal to Company’s applicable tariffed interstate switched access rates as provided in the Company’s FCC tariff, as reflected in the rate table below.

The Company affirms that all of its traffic either originates from or terminates to a VoIP end user and is, therefore, VoIP-PSTN, as defined in the FCC Order. Accordingly, the use of a traffic factor, for example in the form of a percent of VoIP usage (or “PVU”) or otherwise, is unnecessary and will not be used unless Company otherwise agrees to the use of such a factor.

8.3 Rate Categories

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Network Access provides the functional equivalent of traditional end office switching, and consists of the following elements: Network Switching.

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For other services, including without limitation, direct connect arrangements and originating access services, all pricing and service arrangements will be furnished, practicable, to meet the communications needs of specific Customers on a case by case basis under individual contracts subject to competitive pricing principles.

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