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HomeMy WebLinkAbout20090430Application.pdf¡: r':C: E \\/ \: r;etc: CambridgeTelephone ~-'l" ",t' r\tl 8: \ 0?Mlt! .\.1" l:J ¡-D .¡¡t.nLJ'l $l P.O. Box 88 Cambridge, il 83610 CAlt -d-Oc,-Od- April 28, 2009 Idaho Public Utilities Commission P.O. Box 83720 Boise, ID 83720-0074 Cambridge Telephone and Sprint Nextel, and Cabridge Telephone and AT&T agree on the rates and teis of the enclosed contracts. They are signed and agreed upon. We would like to request a copy of the PUC's final order to forward to the carers, as they have requested copies. If you have any questions or need additional information, please contact Jerr Piper at 208-257-3314. Sincerely,~.~~ Nikii Barett P.O. Box BB . Cambridge, 10 B3610 . (20B) 257-3314 i0090409.020.C Ci\M .: - 0 9' -0:1 .. ,nr~r.AGREEMENT FOR TRANSPORT AND TERMINATION OF TRAFFIC r''i c: \.' ¡: BETWEEN NEW. CINGULARWIRELESS PCS, LLC D/B/A AT&T MOBILITY AND 2009 APR 29 Alf 8: 10 CAMBRIDGE TELEPHONE COMPANY This Agreement for Transport and Termination of Traffic ("Agreement") between New Cingular Wireless PCS, LLC, d//a AT&T Mobility on behalf of itself and its wireless operating affiliates, ("AT&T Mobility") and Cambridge Telephone Company ("CTC") (collectively referred to as the "Parties") is effective upon Februar 20, 2009 between the uqdersigned Parties.. . This Agreement establishes the methodology for the exchange of and compensation for Traffic originated on the network of AT&T Mobilty and terminated on the network of CTC, or orjginated on the m~twork of CTC, and terminated on the network of AT&T Mobilty. . 1.0 DEFINITIONS As used in this Agreement, the following terms shall have the meanings specified below in thisSection: . 1.1 "Act" - the Communications Act of 1934 as amended by the Telecommunications Act of 1996, and as from time to time interpreted in the duly authorized rules and regulations of the FCC or a state regulatory Commission ("Commission"). 1.2 "Traffic" means telecommunications traffic subject to reciprocal compensation obligations pursuant to 47 U.S.c. § 251(b)(5). 1.3 "Party" means either Party to this agreement. 2.0 COMPENSATION AGREEMENTS The Parties, having reviewed specific Traffic levels between AT&T Mobilty and CTC, agree that each Pary wil meet its obligation to pay 1) reciprocal compensation pursuant to Section 251 (b )(5) of the Act for Traffic, and 2) access charges claimed to be due as' follows: · AT&T Mobilty wil pay CTC the amount of five hundred dollars ($500.00) per month. CTC wil invoice AT&T Mobilty in this amount at the end of the applicable month. . This amount is based on specific telecommunications traffic patterns between AT &T Mobilty and CTC. 3.0 The Paries to this Agreement recognize that they or their authorized representatives may come into possession of confidential and/or proprietar data about each other's business as a result of this Agreement. Each Party agrees to treat all such data as strictly confidential and to use such data only for the purpose of performance under this Agreement. Each Pary agrees not to disclose data about the other Party's business, unless such disclosure is required by lawful subpoena or order, to any person without first securing the written consent of the other Party. 4.0 The Parties shall comply with any applicable orders, rules or regulations of the FCC, appropriate Commissions and Federal and State law during the term of this Agreement. Notwithstanding anything to i0090409.020.C the contrary contained herein, a Party shall not be liable nor deemed to be in default for any delay or failure of performance under this Agreement resulting from acts of God, civil or miltary authority, acts of the public enemy, war, hurricanes, tornadoes, storms, fires, explosions, earthquakes, floods, government regulation, strikes, lockouts or other work interrptions by employees or agents not within the control of the non-performing Party. 5.0 The Parties agree that the Party collecting revenues shall be responsible for collecting, reporting and remitting all taxes associated therewith, provided that the tax liabilty shall remain with the party upon whom it is originally imposed. 6.0 The terms of this Agreement are in effect for a period of one (1) year beginning on the effective date. This Agreement shall automatically renew for periods of six (6) months unless terminated with sixty (60) days' written notice by either Pary. If either Pary gives notice of intent to renegotiate under the Act, this J Agreement wil remain in place until superseded by a new negotiated or arbitrated agreement. 7.0 A Pary may not assign this Agreement without the prior written consent of the other Pary, which consent ,. shall not be unreasonably withheld or delayed, provided, however, a Party may assign this Agreement, or any portion thereof, without consent to any entity which controls, is controlled by or is under common control with the assigned Pary. Any such assignment shall not, in any way, affect or limit the rights and obligations of the Parties under the terms of this Agreement. 8.0 Neither Party assumes any liability for any act or omission of the other in the furnishing of its services to .its subscribers solely by virtue of entering into this Agreement. To the extent not prohibited by law or inconsistent with the other terms of this Agreement, each Pary shall indemnify the other Party and hold it harless against any loss, costs, claims, injury or liabilty relating to any third-party claim arising out of any act of omission of the indemnifying Pary in connection with the indemnifying Pary's performance under this Agreement. Furthermore, the Parties agree to arange their own interconnection agreements with other telecommunications carriers, and each Pary shall be responsible for any and all of its own payments thereunder. Neither Pary shall be financially or otherwise responsible for the rates, terms, conditions, or charges between the other Pary and another telecommunications carrier. 9.0 The Parties shall jointly fie this Agreement if required by the CómmÌssion. CTCshall be. . responsible for preparing the joint application for approval, and AT&T Mobilty shall cooperate in the review and submission of such joint application. CTC shall fie the joint application with the Commission. The Parties shall support the approval of this Agreement without material change and each Party shall bear its Qwn costs-associated with the fiing. 10.0 The undersigned signatories represent that they have the authority to execute this Agreement on behalf of their respective' companies. This Agreement can be executed in'separate pars which together wil constitute a single, integrated Agreement. AT&TMobiUty ~i By: tJlP¿~~~Aa Willam H. Bro n Its: Sr. Contract Mgr. ''eTC''. ' . /: 4Æ¿)/~'", By: Jerry Piper Its: Operations Manager 41¡i/l)?Dater (-y-t"-o9 Date 2