HomeMy WebLinkAbout20130115Amendment One.pdf000_
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January 10, 2013
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UMHu 1ULL
UTIUI1ES CM MISSION 805 Central Expressway South
Suite 200
Allen, Texas 75013
Phone 972-908-4415
Fax 214-383-2737
Email: kirnberlyadouglass@ftr.com
Ms. Jean Jewell
Commission Secretary
Idaho Public Utilities Commission
472 West Washington Street
Boise, Idaho 83710-0074
Re: CTC-T-04-02 - Amendment One to the Interconnection Agreement between
Citizens Telecommunications Company of Idaho and United States Cellular
Corporation
Dear Ms. Jewell:
Attached for filing and approval are one original plus three copies of Amendment One to the
interconnection agreement for cellular and two-way mobile radio services traffic between
Citizens Telecommunications Company of Idaho ("Frontier") and United States Cellular
Corporation.
If you have any questions regarding this agreement, please contact me at 972-908-4415.
Sincerely,
/ I
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Kim Douglass
Manager - Regulatory Affairs
Enclosures
AMENDMENT NO. I
TO THE
INTERCONNECTION AGREEMENT
BETWEEN
Citizens Telecommunications Company of Idaho, Inc.
AND
United States Cellular Corporation
This Amendment No. I (this 'Amendment") shall be deemed effective on July 1, 2012
(the "Amendment Effective Date") by and between Citizens Telecommunications Company of
ldaho.lnc, ("Frontier"), a Delaware corporation with offices at 180 S. Clinton Avenue, Rochester,
NY, 14646, and United States Cellular Corporation ("US Cellular"), a Delaware corporation with
offices at 8410 West Bryn Mawr Avenue, Suite 700, Chicago, IL 60631. Frontier and US Cellular
may be hereinafter referred to individually as a "Party" and collectively as the "Parties". This
Amendment only covers the services addressed herein that Frontier provides in its operating
territory in the legal entity of Citizens Telecommunications Company of Idaho., for the State of
Idaho (the 'State").
WITNESSETH:
WHEREAS, Frontier and US Cellular are Parties to an interconnection agreement under
Sections 251 and 252 of the Communications Act of 1934, as amended (the "Act") dated October
4, 2004 (the "Agreement"): and
NOW, THEREFORE, in consideration of the mutual promises contained herein, the
receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
Amendment to Agreement. The Agreement is amended to incorporate the terms and
conditions set forth in this Amendment, all of which shall apply to and be a part of the
Agreement (hereinafter referred to as the "Amended Agreement") notwithstanding any
other term or condition of the Amended Agreement, a Frontier Tariff or a Frontier
Statement of Generally Available Terms and Conditions ("SGAT").
2. Miscellaneous Provisions
2.1 Conflict Between this Amendment and the Agreement. This Amendment shall be
deemed to revise the terms and conditions of the Agreement to the extent
necessary to give effect to the terms and conditions of this Amendment. In the
event of a conflict between the terms and conditions of this Amendment and the
terms and conditions of the Agreement, this Amendment shall govern; provided,
however, that the fact that a term or condition appears in this Amendment but not
in the Agreement, or in the Agreement but not in this Amendment, shall not be
interpreted as, or deemed grounds for finding, a conflict for purposes of this
Section 2.
2.2 Capitalization. Capitalized terms used and not otherwise defined herein have the
meanings set forth in the Amended Agreement.
2.3 Counterparts. This Amendment may be executed in one or more counterparts,
each of which when so executed and delivered shall be an original and all of
which together shall constitute one and the same instrument.
2.4 Captions. The Parties acknowledge that the captions in this Amendment have
been inserted solely for convenience of reference and in no way define or limit
the scope or substance of any term or condition of this Amendment.
2.5 Scope of Amendment. This Amendment shall amend, modify and revise the
Agreement only to the extent set forth expressly in this Amendment and, except
to the extent expressly set forth in this Amendment, the terms and conditions of
the Agreement shall remain in full force and effect after the Amendment Effective
Date.
2.6 Joint Work Product. The Parties acknowledge that this Amendment is the joint
work product of the Parties, that, for convenience, this Amendment has been
drafted in final form by Frontier and that, accordingly, in the event of ambiguities
in this Amendment, no inferences shall be drawn for or against either Party on
the basis of authorship of this Amendment.
2.7 Amendments. No amendments or modifications shall be made to this
Amendment unless in writing and signed by appropriate representatives of the
Parties.
2.8 Waivers. A failure or delay of either Party to enforce any of the provisions of this
Amendment, or any right or remedy available under this Amendment, or at law or
in equity, or to require performance of any of the provisions of this Amendment,
or to exercise any option that is provided under this Amendment, shall in no way
be construed to be a waiver of such provisions, rights, remedies or options.
3.lntraMTA Traffic. Reciprocal compensation rates in this Agreement will be reduced or
eliminated as provided in the USF/ICC Transformation Order FCC 11-161 (rel. November 18,
2011) and in FCC 11-189 Order on Reconsideration (rel. December 23, 2011) as such order may
be stayed, revised, reconsidered, changed or modified. When any such stay, revision,
reconsideration, change or modification is effective, such action will be automatically incorporated
into this Agreement. For clarity, reciprocal compensation, effective July 1, 2012, will be zero
subject to any future stay, revision, reconsideration, change or modification of the USF/!CC
Transformation Order.
4.Notices
4.1 All notices required under the Agreement for Frontier shall be sent to the
contacts listed below and includes, but is not limited to, notice for legal,
regulatory, billing, tax related documents, and insurance related documents.
Frontier Communications
Attn: Director, Business Operations - Carrier Services
180 S. Clinton Ave
Rochester, NY, 14646
With Copy to:
Frontier Communications
Attn: Legal Department -Interconnection
3 High Ridge Park
Stamford, CI 06905
For United States Cellular:
Mike Dienhart
Senior Director, National Network Planning
United States Cellular Corporation
8410 West Bryn Mawr Avenue, Suite 700
Chicago, IL 60631
Phone: (773)399.7070
Fax: (773)399-4832
Email: Mike, Dienhartuscellularcom
With a copy to:
Stephen P. Fitzell
do Sidley Austin LLP
One South Dearborn
Chicago, Illinois 60603
Phone: (312) 853-7379
Fax: (312) 853-7036
Email: sfitzeIl(sidley. corn
IN WITNESS WHEREOF, the Parties hereto have caused this Amendment to be
executed as of the Amendment Effective Date.
United States Cellular Corporation Citizens Telecommunications Company
of Idaho, Inc.
Byø'L By: A~;LQ
Printed: Davi d riatoL Printed: Stephen Levan
Title:DtrthY Te1w tI1jr'k
Title: SVP. Carrier Sales and Service
Mtn1
Date Date:
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