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HomeMy WebLinkAbout20121009Amendment.pdfi erfiop munications O2OCT-9 AM 9:t12 7l'LTIEs COM?•SSON 805 Central Expressway South Suite 200 Allen, Texas 75013 October 5, 2012 Phone 972-908-4415 Fax 214-383-2737 Email: kisnberlva.douglass@ftr.com Ms. Jean Jewell Commission Secretary Idaho Public Utilities Commission 472 West Washington Street Boise, Idaho 83710-0074 Re: CTC-T-98-01 - Amendment One to the Interconnection Agreement between Citizens Telecommunications Company of Idaho and AT&T Wireless Services Inc. Dear Ms. Jewell: Attached for filing and approval are one original plus three copies of Amendment One to the interconnection agreement between Citizens Telecommunications Company of Idaho and AT&T Wireless Services Inc. If you have any questions concerning this agreement, please call me at 972-908-4415. Sincerely, in it Kim Douglass Manager - Regulatory Affairs Enclosures AMENDMENT NO. (1) TO THE INTERCONNECTION AGREEMENT BETWEEN CITIZENS TELECOMMUNICATIONS COMPANY OF IDAHO AND AT&T WIRELESS SERVICES INC. This Amendment No.1 (this "Amendment") shall be deemed effective on May 18, 2013 (the 'Amendment Effective Date") by and between Citizens Telecommunications Company of Idaho ("Frontier"), a Delaware corporation with offices at 180 S. Clinton Avenue, Rochester, NY, 14646, and AT&T Wireless Services, Inc. ("AT&T Wireless"), a Delaware corporation, with offices at 1025 Lenox Park Blvd NE, Atlanta, GA 30319. Frontier and AT&T Wireless 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 (the "State"). WITNESSETH: WHEREAS, Frontier and AT&T Wireless are Parties to an interconnection agreement under Sections 251 and 252 of the Communications Act of 1934, as amended (the "Act") dated May 18, 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 ("SCAT"). 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 bean original and all of which together shalt 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 Sppe 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 USFIICC Transformation Order. 4.Notices 4.1 All notices required under the Agreement 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. To Frontier Communications: Frontier Communications Attn: Director, Business Operations - Carrier Services 180 S. Clinton Ave Rochester, NY, 14646 With Copy to: Frontier Communications Attn: Associate General Counsel 180 S. Clinton Ave Rochester, NY 14646 To AT&T Mobility LLC AT&T Mobility LLC 1277 Lenox Park Blvd. Suite 4A42 Atlanta, GA 30319 Attn: Senior Contract Manager Phone: 404-499-6086 Fax: 404-988-8452 With a copy to: AT&T Services, Inc. Legal Department 675 West Peachtree Street Atlanta, GA 30308 Attn: Interconnection Agreement Counsel Phone: 404-335-0710 Fax: 404-927-3818 IN WITNESS WHEREOF, the Parties hereto have caused this Amendment to be executed as of the Amendment Effective Date, AT&T Wireless Services, Inc. Citizens Telecommunications Company of Idaho 1 By: Printed: Sheila Paananen Printed: Stephen LeVan Title: Load Carrier Relations ManeLr Title: SVP. Carrier Sales and Service Date: /}ff Date: ç; 7 t2 / 3