EXHIBIT 10.57 NETWORK INTERCONNECTION AGREEMENT

Exhibit 10.57

NETWORK INTERCONNECTION AGREEMENT

by and between

Pac-West Telecomm, Inc.

and

Cox California Telcom, LLC

Cox / Pac-West
CA Network Interconnection Agreement

TABLE OF CONTENTS

Cox / Pac-West
CA Network Interconnection Agreement

Cox / Pac-West
CA Network Interconnection Agreement

NETWORK INTERCONNECTION AGREEMENT

November 17, 2003

     Pursuant to this Network Interconnection Agreement (“Agreement”), Cox California Telcom, LLC (“Cox”) and, Pac-West Telecomm, Inc. (“Pac-West”) (collectively the “Parties”) agree to interconnect with each other within each LATA in which they both operate as competitive local exchange carriers within the state of California, as described and according to the terms, conditions and pricing specified hereunder.

     WHEREAS, the Parties, want to interconnect their networks directly via technically feasible points of interconnection between their networks, or indirectly via third party providers, to provide Telecommunications Services to their respective Customers;

     WHEREAS, the Parties are entering into this Agreement to set forth the respective obligations of the Parties and the terms and conditions under which the Parties will interconnect their networks as set forth herein; and

     WHEREAS, the Telecommunications Act of 1996 has specific requirements for Interconnection, and the Parties intend that this Agreement meet those requirements.

     NOW, THEREFORE, in consideration of the mutual provisions contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Cox and Pac-West hereby agree as follows:

     This Agreement sets forth the terms, conditions and pricing under which Pac-West and Cox (individually, a “Party” and collectively, the “Parties”), both operating as competitive local exchange carriers, will offer and provide to each other Interconnection within the state of California. Notwithstanding this mutual commitment, except as noted below, the Parties enter into this Agreement without prejudice to any positions they have taken previously, or may take in the future, in any legislative, regulatory, or other public forum, including proceedings which may affect the terms of this Agreement under the terms of Section 23 hereof. Moreover, neither Party shall in any public or private forum, except as noted below, represent that the other Party’s acceptance of any particular term hereof relates in any way to the proper outcome of any rulemaking proceedings under the Act now underway or hereafter to be conducted by the Federal Communications Commission or the California Public Utilities Commission.

Cox / Pac-West
CA Network Interconnection Agreement

1.0 DEFINITIONS

     As used in this Agreement, the following terms shall have the meanings specified below in this Section 1.

      1.1 “Act” means the Communications Act of 1934 (47 U.S.C. 151 et. seq. ), as amended by the Telecommunications Act of 1996, and as from time to time interpreted in the duly authorized rules, regulations and orders of the FCC or the Commission.

      1.2 “Agreement” means this Network Interconnection Agreement and all Appendices appended hereto.

      1.3 “Applicable Laws” means all laws, regulations, and orders applicable to each Party’s performance of its obligations hereunder.

1.4 [Intentionally left blank]

      1.5 “Calling Party Number” or “CPN” is a Common Channel Signaling (“CCS”) parameter which refers to the number transmitted through a network identifying the calling party.

      1.6 “Central Office Switch” means a switch used to provide Telecommunications Services, including, but not limited to:

          (a) “End Office Switch” or “End Office” is a switching entity that is used to terminate Customer station lines for the purpose of interconnection to each other and to trunks; and,

          (b) “Tandem Switch” or “Tandem Office” or “Tandem” is a switching entity that has billing and recording capabilities and is used to aggregate traffic and deliver traffic to carriers’ aggregation points, points of termination, or points of presence, and to provide Switched Exchange Access Services.

     A Central Office Switch may also be employed as a combination End Office/Tandem Office Switch.

      1.7 “CLASS Features” means certain CCS-based features available to Customers including, but not limited to: Automatic Call Back; Call Trace; Caller Identification, and future offerings .

      1.8 “Collocation” means an arrangement in which the equipment of a CLEC (the “Collocating Party”) is installed and maintained at the premises of a LEC other than one of the Parties (the “Housing Party”). If either Party wishes to establish a collocation arrangement within the other Party’s premises, then the prices, terms and conditions of such collocation arrangement will be addressed in a separate agreement. In a “Physical Collocation” arrangement, the Collocating Party installs and maintains its own equipment in the Housing Party’s premises.

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CA Network Interconnection Agreement

      1.9 “Commission” means the California Public Utilities Commission.

      1.10 “Internet Traffic” means Internet Traffic that is originated by an end user subscriber served on the network of one Party, is transmitted to the network of the other Party, and then is handed off by that Party to an Internet Service Provider served by that Party which has been assigned a telephone number or telephone numbers within an NXX or NXXs which are local to the originating end user subscriber.

      1.11 “Common Channel Signaling” or “CCS” means a method of transmitting call set-up and network control data over a digital signaling network separate from the public switched telephone network facilities that carry the actual voice or data traffic of the call. “SS7” means the common channel out of band signaling protocol developed by the Consultative Committee for International Telephone and Telegraph (“CCITT”) and the American National Standards Institute (“ANSI”). Pac-West and Cox currently utilize this out-of-band signaling protocol. “CCSAC” or “CCSAS” means the common channel signaling access connection or service, respectively, which connects one Party’s signaling point of interconnection (“SPOI”) to the other Party’s STP for the exchange of SS7 messages.

      1.12 “Competitive Local Exchange Carrier” or “CLEC” means any Local Exchange Carrier other than Pac-West and Cox, operating as such.

      1.13 “Customer” means a third-party residence or business end-user subscriber to Telecommunications Services provided by either of the Parties.

      1.14 [Intentionally left blank]

      1.15 “Digital Signal Level 0” or “DS-0” means the 64 Kbps zero-level signal in the time-division multiplex hierarchy.

      1.16 “Digital Signal Level 1” or “DS-1” means the 1.544 Mbps first-level signal in the time-division multiplex hierarchy. In the time-division multiplexing hierarchy of the telephone network, DS1 is the initial level of multiplexing.

      1.17 “Digital Signal Pac-West” or “DS-3” means the 44.736 Mbps third-level in the time-division multiplex hierarchy. In the time-division multiplexing hierarchy of the telephone network, DS3 is defined as the third level of multiplexing.

      1.18 “Exchange Access” is defined in the Act and FCC regulations and means the offering of access to Telephone Exchange Services or facilities for the purpose of the origination or termination of Telephone Toll Services.

      1.19 “FCC” means the Federal Communications Commission.

      1.20 “Interconnection” means the connection of separate pieces of equipment, transmission facilities, etc. within, between or among networks for the transmission and routing

Cox / Pac-West
CA Network Interconnection Agreement

of Telephone Exchange Service. The architecture of Interconnection may include collocation and/or mid-span meet arrangements.

      1.21 “IntraLATA Toll Traffic” means those intraLATA calls that are not defined as Local Traffic in this Agreement.

      1.22 “Local Access and Transport Area” or “LATA” is defined in the Act and means a contiguous geographic area: (a) established before the date of enactment of the Act by a Bell operating company such that no Exchange Area includes points within more than one (1) metropolitan statistical area, consolidated metropolitan statistical area, or State, except as expressly permitted under the AT&T Consent Decree; or (b) established or modified by a Bell operating company after such date of enactment and approved by the FCC.

      1.23 “Local Exchange Carrier” or “LEC” is defined in the Act and means any person that is engaged in the provision of Telephone Exchange Service or Exchange Access. Such term does not include a person insofar as such person is engaged in the provision of a commercial mobile service under Section 332(c) of the Act, except to the extent that the FCC finds that such service should be included in the definition of such term. The Parties to this Agreement are Local Exchange Carriers. !

1.24 [Intentionally left blank]

      1.25 “Local Calls” are as defined by the Commission. Local Calls currently include all 0-12 miles calls based on the rate centers of the originating and terminating NPA-NXXs of the callers, irrespective of whether the routing point of an NPA-NXX is different than the rate center of that NPA-NXX (these include, but are not limited to, ZUM Zone 1 and ZUM Zone 2 calls) and, where established in LEC tariffs, ZUM Zone 3 and Extended Area Service (EAS) calls. Local Calls are also referred to as “Local Traffic.”

      1.26 “Mid-Span Meet” means a direct Interconnection architecture whereby two carriers’ transmission facilities meet at a mutually agreed-upon Interconnection point utilizing a fiber or electrical hand-off.

      1.27 “North American Numbering Plan” or “NANP” means the numbering plan used in the United States that also serves Canada, Bermuda, Puerto Rico and certain Caribbean Islands. The NANP format is a 10-digit number that consists of a 3-digit NPA code (commonly referred to as the area code), followed by a 3-digit NXX code and 4-digit line number.

      1.28 “Numbering Plan Area” or “NPA” is also sometimes referred to as an area code. There are two general categories of NPAs, “Geographic NPAs” and “Non-Geographic NPAs.” A Geographic NPA is associated with a defined geographic area, and all telephone numbers bearing such NPA are associated with services provided within that geographic area. A Non-Geographic NPA, also known as a “Service Access Code” or “SAC Code,” is typically associated with a specialized Telecommunications Service which may be provided across multiple geographic NPA areas; 800, 888, 900, 700 and 500 are examples of Non-Geographic NPAs.

Cox / Pac-West
CA Network Interconnection Agreement

      1.29 “NXX,” “NXX Code,” or “End Office Code” means the three digit switch entity indicator ( i . e . the first three digits of a seven digit telephone number).

      1.30 “Percent Local Usage” or “PLU” is a calculation which represents the ratio of the local minutes to the sum of local and intraLATA toll minutes exchanged between the Parties.

      1.31 “Point of Interconnection” or “POI” means a physical location at which the Parties’ networks meet for the purpose of establishing interconnection. POIs include a number of different technologies and technical interfaces based on the Parties’ mutual agreement.

      1.32 “Rate Center Area” or “Exchange Area” means the specific geographic point and corresponding geographic area which has been identified by a given LEC as being associated with a particular NPA-NXX code assigned to the LEC for its provision of Telephone Exchange Services. The Rate Center Area is the exclusive geographic area which the LEC has identified as the area within which it will provide Telephone Exchange Services bearing the particular NPA-NXX designation associated with the specific Rate Center Area. A “Rate Center Point” is a specific geographic point, defined by a V&H coordinate, located within the Rate Center Area and used to measure distance for the purpose of billing Customers for distance-sensitive Telephone Exchange Services and Toll Traffic.

      1.33 “Rating Point” or “Routing Point” means a specific geographic point identified by a specific V&H coordinate. The Rating Point is used to route inbound traffic to specified NPA-NXXs and to calculate mileage measurements for distance-sensitive transport charges of switched access services. Pursuant to Telcordia (formerly “Bellcore”) Practice BR-795-100-100, the Rating Point may be an End Office location, or a “LEC Consortium Point of Interconnection.” Pursuant to that same Telcordia (formerly “Bellcore”) Practice, examples of the latter shall be designated by a common language location identifier (CLLI) code with (x)KD in positions 9, 10, 11, where (x) may be any alphanumeric A-Z or 0-9. The Rating Point/Routing Point must be located within the LATA in which the corresponding NPA-NXX is located. However, the Rating Point/Routing Point associated with each NPA-NXX need not be the same as the corresponding Rate Center Point, nor must it be located within the corresponding Rate Center Area, nor must there be a unique and separate Rating Point corresponding to each unique and separate Rate Center.

      1.34 “Reciprocal Compensation” refers to remuneration received by one Party (the “Receiving Party”) to recover its costs for receiving and terminating Local Traffic or receiving and handing off Internet Traffic that originates on the network of the other Party (the “Originating Party”).

      1.35 “Shared Fiber Meet” means an interconnection architecture whereby the Parties or their agents, each on one side of a demarcation point, provide and install half of the transmission fiber and equipment required to construct a contiguous fiber ring between them.

      1.36 “Signaling Transfer Point” or “STP” means a specialized switch that provides SS7 network access and performs SS7 message routing and screening.

Cox / Pac-West
CA Network Interconnection Agreement

      1.37 “Synchronous Optical Network” or “SONET” is an optical interface standard that allows interworking of transmission products from multiple venders (i.e., mid-span meets). The base rate is 51.84 Mbps (OC-1/STS-1) and higher rates are multiples of the base rate, up to 13.22 Gbps.

      1.38 “Tandem Transit” or “third party Tandem Transit” is, for the purposes of this Agreement, an arrangement that provides indirect Interconnection, via a third party’s Tandem, that is used by the Parties for the reciprocal exchange of Local and IntraLATA Toll Traffic between their respective Customers.

      1.39 “Tariff” means any applicable federal or state Tariff of a Party, or standard agreement or other document that sets forth the generally available terms and conditions under which a Party offers a particular service, facility, or arrangement.

      1.40 “Telecommunications” is defined in the Act and means the transmission, between or among points specified by the user, of information of the user’s choosing, without change in the form or content of the information as sent and received.

      1.41 “Telecommunications Act” means the Telecommunications Act of 1996 and any rules and regulations promulgated thereunder.

      1.42 “Telecommunications Carrier” is defined in the Act and means any provider of Telecommunications Services, except that such term does not include aggregators of Telecommunications Services (as defined in Section 226 of the Act).

      1.43 “Telecommunications Service” is defined in the Act and means the offering of Telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used.

      1.44 “Telephone Exchange Service,” sometimes also referred to as “Exchange Service,” is defined in the Act and FCC regulations and means (i) service within a telephone exchange or within a connected system of telephone exchanges within the same exchange area operated to furnish subscribers intercommunicating service of the character ordinarily furnished by a single exchange, and which is covered by the exchange service charge, or (ii) comparable service provided through a system of switches, transmission equipment, or other facilities (or combination thereof) by which a subscriber can originate and terminate a Telecommunications Service. Telephone Exchange Service generally provides the Customer with a telephonic connection to, and a unique telephone number address on, the public switched telecommunications network, and enables such Customer to place or receive calls to all other stations served by the public switched telecommunications network.

      1.45 “ Telephone Toll Service” is defined in the Act and FCC regulations and means telephone service between stations in different exchange areas for which there is made a separate charge not included in contracts with subscribers for exchange service.

Cox / Pac-West
CA Network Interconnection Agreement

      1.46 “Wire Center” means a building or portion thereof in which a Party has the exclusive right of occupancy and which is a location wherein trunks and exchange circuits which serve a defined geographic area converge. A Wire Center may consist of one or more switching offices.

2.0 INTERPRETATION AND CONSTRUCTION

      2.1 All references to Sections, Exhibits and Schedules shall be deemed to be references to Sections of, and Appendices to, this Agreement unless the context shall otherwise require. The headings used in this Agreement are inserted for convenience of reference only and are not intended to be a part of or to affect the meaning of this Agreement. Unless the context shall otherwise require, any reference to any agreement, other instrument (including Pac-West, Cox, or other third party offerings, guides or practices), statute, regulation, rule or Tariff is to such agreement, instrument, statute, regulation, or rule or Tariff as amended and supplemented from time to time (and, in the case of a statute, regulation, rule or Tariff, to any successor provision).

      2.2 Subject to the terms set forth in Section 16 regarding rates and charges, each Party hereby incorporates by reference those provisions of its Tariffs that govern the provision of any of the services or facilities provided hereunder. If any provision of this Agreement and an applicable Tariff cannot be reasonably construed or interpreted to avoid conflict, the provision contained in this Agreement shall prevail. If any provision contained in this main body of the Agreement and any Appendix hereto cannot be reasonably construed or interpreted to avoid conflict, the provision contained in this main body of the Agreement shall prevail. The fact that a condition, right, obligation, or other term appears in this Agreement but not in any such Tariff shall not be interpreted as, or be deemed grounds for finding, a conflict for purposes of this Section 2. The Parties agree to give notice of all proposed Tariff changes pursuant to Commission rules and orders.

3.0 [Intentionally left blank]

4.0 INTERCONNECTION ARRANGEMENT

     The types of traffic to be exchanged under this Agreement shall be Local Traffic and IntraLATA Toll Traffic.

4.1 Scope

          4.1.1 Section 4 describes the architecture for direct Interconnection of the Parties’ facilities and equipment over which the Parties shall configure the following trunk groups:

               4.1.1.1 Interconnection trunks (“Interconnection Trunks” or “Interconnection Trunk Group[s]”)for the transmission and routing of Local Traffic, IntraLATA

Cox / Pac-West
CA Network Interconnection Agreement

Toll Traffic and translated (post-query) intraLATA 800/888 traffic between their respective Telephone Exchange Service Customers in accordance with Section 5 below. Interconnection Trunks shall be designed and configured for two-way operation.

          4.1.2 For the purposes of this Agreement, the Parties agree that Interconnection for the transport and termination of traffic may take place indirectly via a third party’s Tandem Transit arrangement or directly at a terminating End Office, a Tandem, a Wire Center, any mutually agreed-upon Mid-Span Meet or Shared Fiber Meet arrangement as provided in Sections 4.2 to 4.4 below, and/or other points as specified herein. Notwithstanding the foregoing, sentence, the Parties shall consider and discuss the establishment of two-way direct End Office trunk groups when the volume of transit traffic originating from one Party and passing through the appropriate ILEC Tandem switch to which both Parties are directly connected, and terminating at the other Party, exceeds the CCS busy hour equivalent of one (1) DS-1 equivalent trunks, on a monthly average basis, for each month of any three (3) consecutive months.

          4.1.3 Where direct Interconnection is used, the Parties shall establish mutually agreed-upon interconnection points (collectively, the “Points of Interconnection” or “POIs”).

          4.1.4 Where direct Interconnection is used, the Parties shall configure separate trunk groups (as described in subsection 4.1.1 and 4.1.2 above) for traffic between Cox and Pac-West. Where indirect Interconnection is used, each Party shall be responsible for ensuring that it has sufficient facilities in place to each third party Tandem Transit arrangement used to exchange traffic between the Parties’ networks.

4.2 Physical Architectures

          4.2.1 In each LATA where direct Interconnection is used, the Parties shall utilize the POI(s) designated as the points from which the Parties will provide the transport and termination of traffic. Each Party is operationally and financially responsible for bringing its facilities (and the originating traffic over those facilities) to the POI(s).

          4.2.2 The Parties may mutually agree to any of the following methods for direct Interconnection:

          (a) a Physical Collocation facility established separately by a Party or by a third party with whom Cox or Pac-West has contracted for such purposes;

          (b) an entrance facility and transport (and any necessary multiplexing) provided by or leased from a Party or a third party, pursuant to its effective Tariff;

          (c) a Mid-Span Meet, pursuant to Section 4.3;

          (e) any other mutually-agreed to arrangement, as negotiated by the Parties.

Cox / Pac-West
CA Network Interconnection Agreement

          4.2.3 Each Party shall provide its own facilities or purchase necessary transport for the delivery of traffic to any agreed-to POI; where facilities are shared, each Party shall pay its proportionate share of the cost of the jointly-used facilities.

          4.2.4 The Parties may order any of the Interconnection methods specified above in accordance with the order intervals and other terms and conditions, including, without limitation, rates and charges, set forth in this Agreement, in any applicable Tariff(s) or as may be subsequently agreed to between the Parties.

4.3 Mid-Span Meets

          4.3.1 The Parties may agree to establish (i) a Mid-Span Meet arrangement in accordance with the terms of this subsection 4.3 that utilizes wireline transmission facilities. In a Mid-Span Meet, each Party extends its facilities to meet the other Party. The point where the facilities meet is the Mid-Span point. Each Party bears its own costs to establish and maintain a Mid-Span Meet arrangement, and/or shares any common costs associated with the arrangement. However, the Parties also agree that a technical arrangement for a Mid-Span Meet may involve one Party placing and extending its own (or leased) fiber facilities to the Wire Center of the other Party, with sufficient additional length on the fiber to permit the receiving Party to terminate the fiber without requiring splicing of the fiber facilities prior to the terminal equipment in the receiving Party’s Wire Center. In this situation, the Parties will negotiate reasonable compensation to be paid to the Party extending the facilities for the associated labor, materials, and conduit space used in extending its facilities beyond a negotiated Mid Span point.

          4.3.2 The establishment of any Mid-Span Meet arrangement is expressly conditioned upon the Parties’ reaching prior agreement on appropriate sizing and forecasting, equipment, ordering, provisioning, maintenance, repair, testing, augment, and compensation procedures and arrangements, reasonable distance limitations, and on any other arrangements necessary to implement the Mid-Span Meet arrangement. Any Mid-Span Meet arrangement requested at a third-party premises is expressly conditioned on the Parties’ having sufficient capacity at the requested location to meet such request, on unrestricted 24-hour access for both Parties to the requested location, on other appropriate protections as deemed necessary by either Party, and on an appropriate commitment that such access and other arrangements may not be restricted for a reasonable period.

          4.3.3 Mid-Span Meet arrangements shall be used only for the termination of Local Traffic and IntraLATA Toll Traffic, unless and until such time as the Parties have agreed to appropriate compensation arrangements relating to the exchange of other types of traffic over such Mid-Span Meet, and only where facilities are available.

          4.3.4 A Mid-Span Meet arrangement may be implemented by establishing direct End Office interconnection using an electrical or optical cross-connect between the Parties’ respective collocation arrangements at the appropriate third-party LEC Central Office. Each Party will pay 50% of the non-recurring and recurring costs of the cross-connects provisioned by the third-party LEC. Except for the splitting of cross-connect costs, each Party shall be

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operationally and financially responsible for its own facilities on its side of the Interconnection Point.

          4.3.5 The Parties’ agree to initially establish direct End Office Trunking arrangements in accordance with Appendix 2 to this Agreement. Appendix 2 of the Agreement may be revised from time to time upon the mutual agreement of the Parties to reflect additional or changed interconnection arrangements in California utilizing the Mid-Span Meet arrangement discussed in Section 4.3.4 above or any other method available under Section 4.

     4.4 [Intentionally left blank]

     4.5 [Intentionally left blank]

     4.6 [Intentionally left blank]

5.0 TRANSMISSION AND ROUTING OF TELEPHONE EXCHANGE SERVICE TRAFFIC

      5.1 Scope of Traffic

     Section 5 prescribes parameters for trunk groups to be effected over the Interconnections specified in Section 4 for the transmission and routing of Local Traffic, translated (post-query) LEC IntraLATA 800/888 traffic, and IntraLATA Toll Traffic between the Parties’ respective Customers.

      5.2 Trunk Group Connections and Ordering

          5.2.1 Where direct Interconnection is used, trunk group connections will be made at a DS-1 level, DS-3 level, OC-3 level or higher. Higher speed connections shall be made, when and where available, in accordance with the Joint Implementation and Grooming Process prescribed in Section 10.

          5.2.2 Where direct Interconnection is used, each Party shall provide trunk groups, where available and upon reasonable request, that are configured utilizing the B8ZS ESF protocol for 64 kbps clear channel transmission between the Parties’ respective networks.

          5.2.3 Each Party will identify its Carrier Identification Code, a three or four digit numeric obtained from Telcordia (formerly “Bellcore”), to the other Party when ordering a trunk group.

      5.3 Additional Switching System Hierarchy and Trunking Requirements

Cox / Pac-West
CA Network Interconnection Agreement

          For purposes of routing Cox traffic to Pac-West, the subtending arrangements between Pac-West Tandem Switches (or functional equivalent) and Pac-West End Office Switches (or functional equivalent) shall be the same as the Tandem/End Office subtending arrangements Pac-West maintains for the routing of its own or other carriers’ traffic. For purposes of routing Pac-West traffic to Cox, the subtending arrangements between Cox Tandem Switches (or functional equivalent) and Cox End Office Switches (or functional equivalent) shall be the same as the Tandem/End Office subtending arrangements (or functional equivalent) which Cox maintains for the routing of its own or other carriers’ traffic.

      5.4 Signaling

     Each Party will provide the other Party with direct or indirect access to its databases and associated signaling necessary for the routing and completion of the other Party’s traffic in accordance with the provisions contained in Section 14 below. In addition, where direct trunk Interconnection is used, the Parties will use SS7 signaling; where indirect trunk Interconnection is used, the Parties will ensure that SS7 signaling is used end-to-end.

      5.5 Grades of Service

     Where direct Interconnection is used, the Parties shall initially engineer and shall jointly engineer and maintain all trunk groups consistent with the Joint Implementation and Grooming Process as set forth in Section 10.

      5.6 Measurement and Billing

          5.6.1 The terminating Party shall be responsible for creating or obtaining any billing records needed in order to bill the originating Party terminating access minutes of use. Measurement of minutes of use shall be in actual conversation seconds. The total conversation seconds over each Interconnection trunk group will be totaled for the entire monthly billing cycle and then rounded to the next whole minute.

          5.6.2 For billing and/or self-auditing purposes, whether direct or indirect Interconnection is used, each Party shall pass Calling Party Number (“CPN”) information on at least ninety percent (90%) of calls carried over the Interconnection Trunks. If the originating Party passes CPN on less than ninety percent (90%) of its calls, the terminating Party shall bill its intrastate Switched Access Service rates for all traffic passed without CPN unless the Parties agree that such other rates should apply to such traffic.

          5.6.3 The Parties agree to provide a single statewide percent local usage (“PLU”) factor for all traffic exchanged between the Parties directly and indirectly via a Tandem Transit provider. Each Party shall provide the initial PLU to the other within 30 days of execution of the Agreement. Adjustments to the applicable PLU, if any, may be made on a calendar-year quarterly basis, within 15 calendar days after the end of each quarter. When billing the other Party, a Party may classify traffic as either Local Traffic or IntraLATA Toll Traffic by using CPN information or such PLU factor.

Cox / Pac-West
CA Network Interconnection Agreement

      5.7 Compensation Arrangements

     Compensation arrangements address the transport and termination of Local Traffic and IntraLATA Toll Traffic between the Parties. Compensation for the transport and termination of traffic not specifically addressed in this subsection 5.7 shall be as provided elsewhere in this Agreement, or if not so provided, as required by the Tariffs of the Party transporting and/or terminating the traffic.

          5.7.1 Nothing in this Agreement shall be construed to limit either Party’s ability to designate the areas within which that Party’s Customers may make calls which that Party rates as “local” in its Customer Tariffs.

          5.7.2 For all Local Traffic, the Parties compensate each other for the transport and termination of all Local Traffic (including Internet Traffic) at the rates provided in the Detailed Schedule of Itemized Charges (Appendix 1 hereto).

          5.7.3 No additional charges, including port or transport charges, shall apply for receiving and terminating Local Traffic or receiving and handing off Internet Traffic delivered to the Cox-POI or the Pac-West-POI, except as set forth in the Price Schedule.

          5.7.4 The Parties agree to abide by all applicable orders and rules of the FCC and Commission with respect to Reciprocal Compensation for Local Traffic exchanged between the Parties, to the extent such orders and rules do not conflict with the Act.

          5.7.5 The Parties shall compensate each other for the transport and termination of all IntraLATA Toll Traffic at the rates provided in the Detailed Schedule of Itemized Charges (Appendix 1 hereto).

          5.7.6 The designation of traffic as Local or IntraLATA Toll for purposes of compensation shall be based on the horizontal and vertical coordinates associated with the originating and terminating NPA-NXXs of the call, regardless of the carrier(s) involved in carrying any segment of the call.

          5.7.7