20210804Application.pdf

Vantag*,P,gin|.t....!_:1"1;r!"r: . r; '--." ; t *. l,)
,.,. ;''.,,1 *i FH h: li
August 4,2021
VIA Electronic Mail
Jan Noriyuki, Commission Secretary
Idaho Public Utilities Commission
t l33l W. Chinden Blvd. Building 8, Suite 201-A
Boise,ID 83714
RE: 's*'*o. f rr--r. 2l-ua
Application For Approval of Interconnection Agreement
Dear Ms. Noriyuki:
Enclosed for filing is an Application for Approval of Interconnection Agreement between Filer
Mutual Telephone Company ('Filer") and Teleport Communications America, LLC
("Teleport'). Filer respectfully request that the Interconneotion Agreement, which Filer and
Teleport voluntarily negotiated and executed, be expedited for approval by the Commission.
If any other or further information is required, please contact me at [phone] or
steve. [e-mail].
Sincerely,
Gatto
Division Manager
Vantage Point Solutions
Authorized Representative
Filer Mutual Telephone Company
NFr- lli)
3a?6E€
:=F#,6BCJts..(X)ELE
ftEC'.E<=F-
==SS
Enclosures
BEF'ORE, THE IDAHO PUBLIC UTILITIES COMMISSION
APPLICATION OF FILER MUTUAL S
TELEPIIONE COMPANY f,'OR APPROVAL $
OF AIY INTERCOIINECTION AGREEMENT $
WITE TELEPORT COMMUNTCATIONS $
AMBRCTA, LLC PURSUAIIT TO 47 U.S.C. $$2s2(e) S
CASENO. tr lt--T'at"oL
APPLICATION
Filer Mutual Telephone Company ("Filer') hereby files this Application for Approval of
an lnterconnection Agreernent, which was arrived at through voluntary negotiations, between Filer
and Teleport Communications America LLC ("Telopofi"), with an effective date of July 2,2021
("Agreeme,nt'). tn support of their request, the Applicant state as follows:
I. Agreement and Request for Approval
Applicant seeks the Commission's final approval of this Application, pursuant to Section
252(e) of the Telecommunications Ac't of 1996. Filer is an lncumbent Local Exchange Carrier
("ILEC") authorized to provide telecommunications services to the public in its exchanges and
service area in the State of Idaho. Teleport is a Competitive Local Exchange Carrier ("CLEC")
that is authorized to provide local wireline telecommunications services in the State of Idaho. The
Agreement was arrived at through voluntary, good faith negotiations between the parties as
contemplated by Section 252(a) of the Act. A copy of the executed Agreement is attached to this
Application. Filer in no way waives its rights as a Rural Telephone Company under Section 251(D
of the Ac't by entering into this agroement.
The Applicant respectfully request that the Commission grant expeditious approval of this
Agreement, without change, suspension, or other delay in its imple,mentation. This is a bilateral
agreement reached as a result of voluntary, good-faith negotiations between the Applicants. Thus,
there is no outstanding issues between the Applicants requiring modification or arbitation, and
Filer does not believe that there are any issues requiring a hearing or intervention by other parties.
IL Standard For Review
Section 252(e\ of the Act sets forth the statutory standards for review for Applicants'
Agreement. Section 252(e) of the Act states as follows:
(e) Approved By State Commission.
(l) Approval Required. Any interconnection agreement adopted by negotiation
or arbitation shall be submitted for approval to the State Commission. A
State Commission to which an agreement is submitted shall approve or
reject the agreement, with written findings as to any deficiencies.
(2) Grounds for rejection. The State commission may only reject-
(A) an agreeme,nt (or any portion thereof) adopted by negotiation under
subsection (a) if it finds that -
(i) the agreeme,nt (or portion thereof) discriminates against a
telecommunications carrier not a party to the agreement; or
(ii) the implementation of zuch agreement or portion is not
consistent with the public interest, convenience, and
necessity.
IIL Compllance with Applicable Law
The Agreement meets all the require,me,nts of Section 252(e) of the Act. Pursuant to
Section 252(e)Q)@) of the Act, the Commission may only reject the negotiated Agreement if it
finds that (l) the Agreernent discriminates against another ca:rier that is not a paty to the
Agreement, or (2) implementation of the Agreement would not be consistent with the public
interest, convenience, and necessity. Neither basis for rejection is present here.
)
Further, Filer will make this voluntarily negotiated Agrerrent available on the same tenns
and conditions, as set forth in the Agreeme,nt to any duly authorized telecommunications carriers
operating in the State of Idaho in accordance with any and all applicable legal provisions.
Therefore, the Agreement is not disctiminatory and is consistent with the public interest,
convenie,nce, and necessity, including all relevant requirements.
IV. Conclusion
For the reasons set forth above, Applicant respectfully request that the Commission grant
approve the Interconnection Agreoment as expeditiously as possible.
Respectfully submitted,
Filer Mutual Telephone Company
By:Ztt/U
Robert Kraut
General Manager / COO
Filer Mutual Telephone Company
400 Main Sheet
Filer,Idaho 83328
3
BEFORE THE IDAEO PUBLIC UTILITIES COMIVtrSSION
APPLICATION OF FILER MUTUAL
TELBPIIOI\IE COMPAIYY FOR APPROVAL
OX' AIY INTERCONNECTION AGREE,MEIYT
WITE TELEPORT COMMUNICATIONS
AMERCIA, LLC PURSUAIYT TO 47 U.S.C.
S2s2(e)
$
s
s
$
$
$
CASE NO.
AFFIDAVIT OF ROBERT KRAUT ON BEEALF OF
FILER MUTUAL TELEPHONE COMPADTY
Before mg the rmdersigncd authority, on Ois 2t day of July of 2021, personally appearcd Robst
I(raut, who being duly swom on oath deposed and said:
l. My name is Robert lkaut and I hold positiou of Geireral Manager and COO for Filer Mutual
Telephone Company C'Filer'). As the General lvlanagcr and COO, I was involved in the
negotiations befwem Filer and Telcport Communications America, L[,C (TCA') and I am
familiarwiththetsms of the Intrcomcctionageement ('fureement')betweenFilerandTCA
2. Thcre are no outstanding issues bewcen the parties that need the assistance of mediation or
arbitration.
3. The Agrccmeirt allows for the exchange of local calls betw€€Nr Filer and TCA a ompetitive local
exchange carrier, which is consisteirt with the public interest, convcnicnce, and necesslty as
requird by both Soction 252 (e) of tho Act.
4. Further, the Agreement does not discriminate against any telecommunications carricrs not a party
to the agr€€m€nt becausc Filcr will make the Agree,mmt availablc on the samc tcrms and
conditions, as set forth in the Agreem€nt, to any dtrly authorizod telocornmunications carricr
operating in the Statc of Idaho.
5. The Agrecment was reachod through good faith voluntary negotiatioms in accordanse with Section
252(a) oftheAct.frttFurther Affiant sayeth naught.
Robertl&ad
The foregoing instnrment was acknowledged before me this /)ft
au1 of
JOSIE LYNN s|*0il5
ilCrry Publlc - Strte of tdrho
Contntrrlon ilw5tt 671!9
fy Conrrlslon BrPlru Jn lO.2O77
My CommissionBxpires:
Notary
202t.
TCA/Filer Mutual lnterconnection Agreement
INTERCONI\ECTION AND RECIPROCAL COMPENSATION AGREEMENT
BETWEEN
FILER MUTUAL TELEPHONE COMPANY
AND
TELEPORT COMMI]NICATIONS AMERICA9 LLC
THI S INTERCONNECTI ON AND RECIPROC AL COMPEN SATI ON ACREEMENT
(the "Agreement") is made by and between Filer Mutual Telephone Company ("Company"), alr
Incumbent Local Exchange Carrier ('ILEC') certificated in the State of Idaho, (the "State"), and
Teleport Communications America"LLC, ("TCA') a Competitive Local Exchange Carier, on behalf
of itself and its operating affiliates in the State, and shall be deemed effective as of this 2"d day of July,
2021 (Effective Date"). This Agreement may refer to eitlrer Company or TCA as a "Party" or
collectively as the "Parties."
In consideration of the mutual promises and covenants contained herein, the sufficiency of
which is hereby acknowledged, the Parties agree as follows:
1. GENERAL
A. Company is authorized to provide local exchange services in the state of Idaho (the "State")
B. TCA is a registered provider of competitive local exchange services in the State.
C. The Parties enter into this Agreement to interconnect their facilities and exchange traffic for the
purposes of fulfilling their obligations pursuant to Sections 251(a) and (b), and 252 of the
Telecommunications Act of 1996 and to replace any and all other prior agreements, both written
and oral.
2. DEFINITIONS
As used in this Agreement, tlle following terms shall have the meanings specified below in this
Section:
A. "Act" - The Communications Act of 1934 (47 U.S.C. $ I5l er. seq,) as amended, including
without limitation by the Telecommunications Act of 1996, and as from time to time
interpreted in the duly authorized rules and regulations of the Federal Communications
Commission (the "FCC,).
B. 'Affiliate" - a person, corporation or otler legal entity that, directly or indirectly, owns or
controls a Party, or is owned or controlled by, or is under common ownership or control
with a Party. For purposes of this definition, the term "own" means to have an equity interest
(or the equivalent thereof) of equal to or more than l0 percent.
C. 'Atron-Access Teleconrnrunications Traffic" - telecommunications traffic exchanged
between the Parties, except for telecommunications traffic that is interstate or intrastate
exchange access, information access, or exchange services for such access. Non-Access
TCA/Filer Mutual Interconnection Agreement
Teleconrmunications Traffic includes teleconrnrunications traffic exchanged in Tinre
Division Multiplexing (TDM) format that originates and/or terminates in IP format.
3. TERM OF TTIE AGREEMENT
A. The lnitial Term of this Agreement shall be two (2) years, beginning on the Effective Date,
B. Absent the receipt by a Party of written notice from the other Party at least ninety (90) days
prior to the expiration of the Initial Term to the effect that such Party does not intend to
extend the Initial Term of this Agreenrent, this Agreement shall auton'ratically renew and
remain in full force and effect on and after the expiration of the Initial Temr on a year to
year basis.
C. If pursuant to Section 38, above, this Agreement continues in full force and effect after the
expiration of the Initial Term, either Party may terminate this Agreement ninety (90) days prior
to the expiration of any renewal lenn as reflected in Section 38 and after delivering written
notice to the other Party of its intention to terminate this Agreement.
D. In the event of default, the non-defaulting Party may terminate this Agreemeut in whole or in
part provided that the non-defaulting Parfy so advises the defaulting Party in writing of the event
of the alleged default and the defaulting Party does not remedy the alleged default within sixty
(60) days or such other time period as the Parties may agree is reasonable under the
circumstances after written notice thereof. Default is defined to include:
(l) A Party's insolvency or initiation of bankuptcy or receivership proceedings by or against
the Party; or
(2) A Party's material breach of any of the material terms or conditions hereof, irrcluding tlre
failure to make any undisputed payment when due.
E. Termination of this Agreement for any cause shall not release either Party frorn any liability
which at the time of termination has already accrued to the other Party or which thereafter may
accrue in respect to any act or omission prior to termination or from any obligation wlriclt is
expressly stated lrerein to survive termination.
F. If upon expiration or termination of this Agreement other than pursuant to Section 3D above,
the Parties are negotiating a successor agreement, during such negotiation period each Party
shall continue to perform its obligations and provide the services described herein under this
Agreement until such time as the successor agreement beoomes effective. The Parties expressly
agree that the rates, terms, and conditions of the successor agreement shall be retroactive back
to the date of termination of this Agreement or such other time period as the Parties may agree,
such that all payments made from the date of tennination of this Agreement to the effective date
of the successor agreement shall be trued-up to comply with the rates, terms and conditions of
the successor agreement.
4. COMPENSATION
A. As discussed below, TCA will route all traffic to Company (regardless of the traffic's jurisdiction)
through an interexchange carrier, which will pay Company's tariffed access charges for Company's
termination of all TCA-originated traffic. Accordingly, TCA will pay no compensation to Company
2
TCA/Filer Mutual Interconnection Agreement
for TCA-originated traffi c
B. TCA will not charge Cornpany for the terminalion of Company-originated, Non-Access
Compensation Trafric.
5. METHODSOF' INTERCONNECTION
A. lndirect Intercontrection
(1) The Parties shall deliver Non-Access Compensation Traffic that originates and terminates
indirectly to the other for termination via a third-Parry or directly via direct interconnection
trunks. The Originating Party shall bear all charges payable to the transiting canier(s) for such
transit service with respeot to traffic originated by such Party and shall bear the cost of all
facilities necessary to deliver such traffic to the transiting carrier.
(2) Company agrces to initially exchange Non-Access Compensation Traffic indirectly with TCA
via indirect interconnection methods set forth in this Agreement. Company shall exchange Non-
Access Compensation Traffic indirectly by transiting such traffic originating and terminating in
through its tandem.
(3) TCA will route all traffic to Company (regardless of the raffic's jurisdiction) in TDM format
through an interexchange carrier.
(4) Company may route all Non-Access Compensation Traffic to TCA either directly or indirectly,
over existing facilities, at Company's discretion.
B. Direct Interconnection
Unless otherwise agreed, the Parties shall exchange all Non-Access Compensation Tra.ffic that originates
and terminates indirectly via a transiting carrier until the total volume of Non-Access Compensation
Traffic being exchanged between the Parties' networks exceeds 240,000 minutes per month for three (3)
consecutive months, at which time either Parly may request the establishment of Direct Interconnection.
Non-Access Compensation Traffic exchanged by the Parties through Direct Interconnection shall be
subject to Bill-and-Keep Reciprocal Compensation.
6. BILLING
A. Charges and Payment
(I ) TCA shall pay invoices within ninety (90) days from the Bill Date. If the payment due date
is a Saturday, Sunday or a designated bank holiday, payment shall be made the next business
day. Invoioes shall be sent to:
Filer Mutual Telephone Company
Attention: Bob Kraut
400 Main Street
Filer,lD 83328
Email
Phone: [phone]
Teleport Communications America, LLC.
c/o TEOCO MS - AT&T Wireline
12150 Monument Drive, Ste. 700
Fairfax, VA 22033
888-786- I 2 1 1 Ext.821 87 7 6
attwireline.xtrak@teocosolutions. com
3
TCAff iler Mutual Interconnection Agreement
Phone: [phone] I Ext.8218768
or such other address as the Parties may designate to one another on at least thirty
(30) days prior written notice.
(2) All charges under this Agreement shall be billed withirr one (l ) year from the timethe charge
was incurred; previously unbilled charges more than one (l) year from the time the charge
was incurred shall not be billed by either Party, and shall not be payable by either Party.
Nothing in this subsection shall affect the right of a Party to contest inaccurate invoices to
the extent provided under law.
(3) Invoices between the Parties shall be clearly organized and charges must be accompanied
by a brief clear, non-misleading description of the service or services rendered including
the minutes of use, the rate applied, and whether the charge is for facilities or usage. lnvoices
not complying with this section shall not be paid until re- issued in the proper format.
7.ss7
A, Company will provide and implement all defined and industry supported SS7 mandatory
parameters as well as procedures in accordance with ANSI standards to support SS7 signaling
for call setup for the interconnection trunks. 'l'o the extent Company provides ANSI optional
parameters for its own use, Comparry shall provide the same to TCA for TCA's revierv.
B. Where availablo, Company agrees to provide carrier identification parameter (ClP) within
TCA's SS7 call set-up signaling protocol at no charge.
C. Company shall support intercompany 64 KBPS clear charurel where it provides such capobility
to its end users.
D. The Parties will cooperate in the excharge of TCAP messages to facilitate full inter- operability
of SS7-based features between their networks, including all CI.ASS features and functions; to
the extent each Party offers such features and functions to its own end users.
8. NETWORI( DESIGN AND MANAGEMENT
A. The Parties will work cooperatively to install and maintain reliable interconnected
telecommunications networks, including but not limited to, maintenance contact numbers and
escalation procedures. Company will provide written notice to TCA of changes in the
information necessary for the transmission and routing of services using its local exchange
facilities or networks, as well as of any other changes that would affect the interoperability of
those facilities and networks.
(l) Each Party shall provide to the other's surveillance management center a twenty-four (24)-
hour contact number for network traffic management issues. A fax number and email
address must also be provided to facilitate event notifications for planned mass calling
events.
(2) Each Party has the duty to alert the other to any network events that can result or have
resulted in material service interruption, blocked calls, or negative changes in network
performance.
B. Neither Parfy will charge rearrangement, reconfiguration, disconnection, termination or other
4
TCA/Filer Mutual Interconnection Agreement
non-recurring fees that nray be associated with the irritial reconfiguration of either Party's
network interconnection arrangement contained in this Agreement.
C. The Parties will provide Common Channel Signaling (CCS) information to one another for all
exchanged Traffic. All CCS signaling pararneters will be provided. AII privacy indicators will
be honored, and the Parties agree to cooperate on the exchange of Transactional Capabilities
Application Part (TCAP) messages to facilitate full interoperability of CCS-based features
between the respective networks.
D. The Parties will provide each other with the proper call information, including all proper
translations for routing between networks and arry information necessary for billing.
E. Company will process TCA maintenanoe requests at no less than parity with the manner in which
Company processes its own maintenance requests or maintenance requests of its affiliates.
F. Parties shall provide prior notification of any scheduled maintenance activity performed by the
Parties that may be service affecting to the other Party.
G. ln the case of direct interconnection, each Party is responsible for the transport of originating
calls from its network to the relevant, mutually agreed upon point of interconnection, arrd each
Party will ensure that its facilities are compatible with the mutually agreed upon transmission
and faci lity specifi cations
9. LOCAL NT.'MBER PORTABILITY
Both Panies shall abide by the rules and regulations of the Federal Communications Commission
and applicable state public utility oommission rules and regulations to port numbers from and to
each other.
10. LIMITATION OT'LIABILITY
A. Except as otherwise provided for in this paragraph, neither Party shall be liable to the other Party
for any indirect, incidental, consequential, reliance, punitive, or special damages suffered by the
other Party (including without limitation damages for harm to business, lost revenues, lost
savings, or lost profits suffered by the other Party), regardless of the form of action, whether
in contract, warranty, strict liability, or tort, including without limitation negligence of any
kind whether active or passive, and regardless of whether the Parties knew of the possibility
that such damages could result.
B. A Party's liability for direct damages for breach of this Agreement or for direct damages arising out
of performance under this Agreement shall be limited to one million dollars ($ I ,000,000.00) in the
aggregate duringthe life ofthis Agreement, which life shall include performance of the tenns ofthis
Agreement after expiration or termination pursuant to Section 3@) above,
C. The foregoing shall not limit a Party's obligation as set out in this Agreement to indemnify,
defend, and hold the other Party harmless against amounts payable to third parties.
D. NEITHER PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES TO THE
OTI{ER PARTY CONCERNING THE SPECIFIC QUALITY OF ANY SERVICES, OR
FACILITIES PROVIDED UNDER THIS AGREEMENT. THE PARTIES DISCLAIM,
WITHOUT LIMITATION, ANY WARRANTY OR GUARANTEE OF
5
TCA/Filer Mutual Interconnection Agreement
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARISING
FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR FROM USAGES
OF TRADE.
1I. INDEMNITY
A. Each Party shall be indenrnified, defended and held harmless by the other Party against any
claim, loss ot damage arising fronr the other Party's negligent or grossly negligent acts or
omissions under this Agreement, or arising from the other Party's intentional misconduct
under this Agreement, including without limitation: 1) Claims for libel, slander, invasion of
privacy, or infringement of copyright arising from the other Party's own communications;
2) all other clainrs arising out of an act or omission of the other Party.
B. As to all indemnification obligations throughout this Agreement, the indemnifringParty
agrees to (a) defend, or at its option settle, any claim or suit against the indemnified Parly
as agreed to herein; and (b) pay any finaljudgment entered against the indemnified Party
on such issue or any settlement thereof. The indemnified Party above: (i) must notify the
other Party in writing prornptly upon learning of any claim or suit for which indemnification
may be sought, provided that failure to do so shall have no effect except to the extent that
the other Party is prejudiced thereby; (ii) must provide all information and assistance as
reasonably requested by, and at the expense of, the other Party in connection with the
conduct of the defense and settlement thereof; and (iii) may participate in such defense or
settlement with its own counsel at its sole expense, but without control or authority to defend
or settle. The indemnifoing Party shall not take any action, which unreasonably exposes the
indemnified Party to a risk of damages, which would not be covered by such indemnity, and
may not settle any matter without the prior written consent of the indemnified Party, which shall
not be unreasonably withheld.
C. Notwithstanding anything to the contrary in any agreement between the parties, no
indemnification shall arise as to Claims that are paid by the indemnified Party without the
express written consent of the indemnifying Party, which consent will not be unreasonably
withheld, conditioned or delayed.
12. MODIFICATION OF' AGREEMENT
No rnodification, amendment, supplement to, or waiver of the Agreement or any of its provisions shall
be effective and binding upon the Parties unless it is made in writing and duly signed by the Parties.
13. INTELLECTUAL PROPERTY
Any intellectual property which originates from or is developed by a Party shall remain in the
exclusive ownership of that Party. Except for a limited license to use patents or copyrights to the
extent necessary for the Parties to use any facilities or equipment (including software) or to receive
any service solely as provided under this Agreemento no license in patent, copyright, trademark,
service mark or trade secret, or other proprietary or intellectual properly right now or hereafter
owned, controlled or licensable by a Party, is granted to the other Party or shall be implied or arise
by estoppel. It is the responsibility of Company to ensure, at no separate or additional cost to TCA,
that Company has obtained any necessary licenses (in relation to intellectual property of third
parties used in Company's network) to the extent of Company's own use of facilities or equipment
(including software) in the provision of service to Company's end-user customers.
14. CONF'IDENTIAL INFORMATION
6
TCA/Fi ler Mutual Interconnection Agreement
The Parties to this Agreement recognize that they or their authorized representatives may come
into possession ofconfidential and/or proprietary data about each other's business as a result of
this Agreement. Each Party agrees to treat all suclr data as strictly confidential arrd to use such data
only for the purpose of performance under this Agreement. Each Party agrees not to disclose data
about the other Party's business, unless suclr disclosure is required by lawful subpoena or order, to
any person without first securing the written consent of the other Pau.ty. A Party may request a
nondisclosure agreement of the other Party under this sectiorr.
15. RURAL TELEPHONE COMPANY
The Parties ackrrowledge that Comparry is entitled to maintain that it is a rural telephone company
(as defined in 47 U.S.C. 153) as provided by 47 U.S.C. 251(0, By entering into this Agreement,
Cornpany is not waiving its right to maintain that it is a rural telephone company and its right to
rnaintain that it is exempt from$ 251(c) under 47 U.S.C. 251(f) of the Act.
16. MISCELLANEOUS.
A. Compliance with Law; Force Majeure. The Parties shall cornply with any applicable orders,
rules or regulations of the FCC, Commission and Federal and State law duringthe term of this
Agreement. Notwithstanding anything to 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 Agreernent
resulting directly from acts of God, civil or military authority, acts of public enemy, wax,
hurricanes, tornadoes, storms, fires, explosions, earthquakes, floods, electric power outages,
government regulation, strikes, lockouts or other work interruptions by employees or agents not
within the reasonable control of the non-performing Party.
B. Change of Law. In the event that any final and non-appealable legislative, regulatory, judicial,
or other legal action materially affects any material terms of this Agreement, either Party may,
on thirty (30) days written notice require that such Agreement, or such terms thereof be
renegotiated, and the Parties shall renegotiate in good faith such mutually acceptable new terms
as may be required or appropriate to reflect the results of such action.
C. Participation irr Regulatory and Other Proceedings. By entering into this Agreement, neither
Party waives its right or ability to participate in any regulatory, judicial, or legislative
proceedings regarding the proper interpretation and /or application of the Act, including
interpretation and ior application that may differ from the terms contained within this
Agreement.
D. Waivers. Any failure by either Parfy to insist upon the strict performance by the other Party of
any of the provisions of this Agreement shall not be deemed a waiver of any of the provisions
of this Agreement, and each Party, notwithstanding such failure, shall have the right thereafter
to insist upon the specific performance of any and all of the provisions of thisAgreement.
E. Assignment. A Party may not assign this Agreement other than to an Affiliate without the prior
_ written consent of the other Parfy, 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 assigning
Party. Any such assignment shall not, in any way, affect or limit the rights and obligations of
the Parties, under the tenns of this Agreement. Notice of assignment must be given at least sixty
(60) days in advance of the proposed assignment.
7
TCA/Filer Mutual Interconnection Agreement
F. Severability. In the event that any provision of this Agreement shall be held invalid, illegal, or
unenforceable, it shall be severed from the Agreement and the remainder ofthis Agreement shall
remain valid and enforceable and shall continue in full force and effect; provided however, that
if any severed provisiorrs of this Agreement are essential to any Party's ability to continue to
perform its material obligations hereunder, the Parties shall immediately begin negotiations of
new provisions to replace the severed provisions.
G. Authority. The undersigned signatories represent that they have the authority to execute this
Agreement on behalf of their respective companies.
IJ. Survival. Any liabilities or obligations of a Patty for acts or omissions prior to the cancellation
or termination of this Agreement, any obligation of a Party under the provisions regarding
indemnificationn confidential information, limitations of Iiability and any other provisions ofthis
Agreement which, by their terms, are contemplated to survive (or be performed after)
termination of this Agreement, shall survive cancellation or termination thereof.
L Governing Law. This Agreemcnt shall be governed by and construed and enforced in accordance
with the laws of the state in which state commission approval is obtained, the Act and other
applicable federal law.
J. Filing of Agreement. Upon execution, Company shall file this Agreement with the Commission
pursuant to the requirements of Section 252 of the Act.
K. Notices. Notices given by one Party to the other Party under this Agreement shall be in writing
and shall be: (i) delivered personally; (ii) delivered by express delivery service; (iii) mailed,
certified mail, return receipt requested; or (iv) delivered by telecopy to the following addresses
ofthe Parties:
To Company:
Filer Mutual Telephone QompanyBob Kraut, General Manager / COO
400 Main Street
Filer,ID 83328
Phone: [phone]
To: TCA
Teleport Communications of America
David Handal, Director Sourcing
I AT&T Way, Room 4,4,105
Bedminster, NJ 07921
Email : david, [e-mail]
Phone: [phone]
With a copy to:
AT&T Services, Inc.
Legal Department
208 S. Akard Street
Dallas, TX75202
Attn : Interconnection Agreement Counsel
Fax:[phone]
or to such other address as either Party shall designate by proper notice. Notices will be
deemed given as of the date of actual receipt.
L. Relationship of Parties. It is the intention of the Parties that each shall be an independent
contractor and nothing contained herein shall constitute the Parties as joint venturers, partners,
employees or agents of one anotfier, and neither Party shall have the right or power to bind or
obligate the other.
8
TCA/Filer Mutual Interconnection Agreement
M. No Third Party Beneficiaries. The provisions of this Agreement are for the benefit of tle Parties
hereto and not for any other person, and this Agreement shall not provide any person not a Party
hereto with any remedy, claim, liability, reimbursement, right of action, or other right in excess
of those existing without reference hereto. Nothing in this Agreement shall be constnred to
prevent Level 3 from providing senrices to or obtaining services from other caniers.
N. Entire Agreemant. This constitutes the entire Agreement between the Parties with respect to the
subject matter hereof, superseding all prior understandings, proposals and other
communications, oral orwritten. Neither Party shall be bound by any preprinted terms additional
to or different from those in this Agreement that may appear subsequently in the other Party's
form documents, purchase orders, quotations, acknowledgments, invoices or other
oommunications. This Agreement may only be modified in writing signed by an offrcer of each
Party.
O ConIlict with Tariffs. In the event of any con{lict between the language of this Agreement and
the language of an applicable tariff, this Agreement shall oontrol.
This Agreement is execut€d as dated below
l'iler Mutual Telephone Company Teleport Communication s America, LI,CfrttItr,ar:s Cr lil
Signature
Bob Kraut
Signaare
Damaris Ortiz
Typed or Printed Name
Genoral Manager/ COO
Typed or Printed Name
Lead Carrier Relations Manager
Title Title
7181202t
Date Date
9
TCAiIiler Mutual Interc.onnection Agreement
INTERCONIYECTION AND RECIPROCAL COMPENSATION AGREEMENT
BETWEEN
FILER MUTUAL TELEPHONE COMPAI\IY
AND
TELEPORT COMMUNICATIONS AMERICA, LLC
THI S INTERCONNECTI ON AND RECIPROC AL COMPEN SATI ON AGREEMENT
(the "Agreement") is made by and between Filer Mutual Telephone Company ("Company"), an
Incumbent Local Exchange Carrier ("lLEC') certificated in the State of ldaho, (the "State"), and
Teleport Communications America.LLC, ("TCA") a Competitive Local Exchange Carier, on behalf
of itself and its operating affiliates in the State, and shall be deemed effective as of this 2d day of July,
2021 (Effective Date"). This Agreement may refer to either Company or TCA as a "Par$r" or
collectively as the "Parties."
In consideration of the mutual promises and covenants contained herein, the sufficiency of
which is hereby acknowledged, the Parties agree as follows:
1. GENERAL
A. Company is authorized to provide local exchange services in the state of Idaho (the "State").
B. TCA is a registered provider of competitive local exchange services in the State.
C. The Parties enter into this Agreement to interconnect their facilities and exchange traffic for the
purposes of fulfilling their obligations pursuant to Sections 251(a) and (b), and 252 of the
Telecommunications Act of 1996 and to replace any and all other prior agreements, both written
and oral.
2. DEFINITIONS
As used irr this Agreement, the following terms shall have the rneanings specified below in this
Section:
A. "Act" - The Communications Act of 1934 (47 U.S.C. $ l5l er. seq.) as amended, including
without limitation by the Telecommunications Act of 1996, and as from time to time
interpreted in the duly authorized rules and regulations of the Federal Communications
Commission (the "FCC').
B. "Affiliate" - a person, corporation or other legal entity that, directly or indirectly, owns or
controls a Parlry, or is owned or controlled by, or is under common ownership or control
with a Party. For purposes ofthis definition, the term rrown't means to have an equity interest
(or the equivalent thereof) of equal to or more than l0 percent.
C. 'Non-Access Telecomnrunications Traffic" - telecommunications traffic exchanged
between the Parties, except for telecommunications traffic that is interstate or intrastate
exchange access, information access, or exchange services for such access. Non-Access
I
TCA/Filer Mutual Interconnection Agreement
Telecomnrunications Traffic includes tetecomnrunications traffic exchanged in Time
Division Multiplexing (TDM) format that originates and/or terminates in IP format.
3. TERM OFTHEAGREEMENT
A. The Initial Term of this Agreement shall be two (2) years, beginning on the Effective Date,
B. Absent the receipt by a Party of written notice from the other Party at least ninety (90) days
prior to the expiration of the Initial Term to the effect that such Party does not intend to
extend the Initial Term of this Agreenrent, this Agreement shall automatically renew and
remain in full force and effect on and after the expiration of the Initial Temr on a year to
year basis.
C. If pursuant to Section 38, above, this Agreernent continues in full force and effect after the
expiratiorr of the Initial Term, either Party may terminate this Agreement ninety (90) days prior
to the expiration of any renewal tenn as reflected in Sectiorr 38 and after delivering written
notice to the otlrer Party of its intention to terminate this Agreement.
D. In the event of default, the non-defaulting Party may terminate this Agreement in whole or in
part provided thatthe non-defaulting Party so advises the defaulting Party in writing ofthe event
of the alleged default and the defaulting Party does not remedy the alleged default within sixty
(60) days or such other time period as the Parties may agree is reasonable under the
circumstances after written notice thereof. Default is defined to include:
(l) A Party's insolvency or initiation of bankruptcy or receivership proceedings by or against
the Parfy; or
(2) A Party's material breach of any of the material terms or conditions hereof, including the
failure to make any undisputed payment when due.
E. Termination of this Agreement for any cause shall not release either Party from any liability
which at the time of termination has already accrued to the other Party or which thereafter may
accrue in respect to any act or omission prior to termination or from any obligation which is
expressly stated herein to survive termination.
F. If upon expiration or termination of this Agreement other than pursuant to Section 3D above,
the Parties are negotiating a successor agreement, during such negotiation period each Party
shall continue to perform its obligations and provide the services described herein under this
Agreement until such time as tlre successor agreement becomes effective. The Parties expressly
agree that the rates, terms, and conditions ofthe successor agreement shall be retroactive back
to the date of termination of this Agreement or such other time period as the Parties may agree,
such that all payments made from the date of tennination ofthis Agreement to the effective date
of the successor agreement shall be trued-up to comply with the rates, terms and conditions of
tJre successor agreement.
4. COMPENSATION
A. As discussed below, TCA will route all traffic to Company (regardless of the traffic's jurisdiction)
through an interexchange carrier, which will pay Company's tariffed access charges for Company's
termination of all TCA-originated traffic. Accordingly, TCA will pay no compensation to Company
2
TCAlFiler Mutual Interconnection Agreement
for TCA-originated traffi c
B. TCA will not charge Company for the termination of Company-originated, Non-Access
Compensation Traffic,
5. METHODSOF' INTERCONNECTION
A. Indirect Interconnection
(l) The Parties shall deliver Non-Access Compensation Traffic that originates and terminates
indirectly to the other for termination via a third-Pafy or directly via direct interconnection
trunks. The Originating Party shall bear all charges payable to the transiting canier(s) for such
transit service with respect to traffic originated by such Party and shall bear the cost of all
facilities necessary to deliver such traffic to the transiting carrier.
(2) Company agrees to initially exchange Non-Access Compensation Traffic indirectly with TCA
via indirect interconnection methods set forth in this Agreement. Company shall exclrange Non-
Access Compensation Traffic indirectly by transiting such traffic originating and terminating in
through its tandem.
(3) TCA will route all traffic to Company (regardless of the faffic's jurisdiction) in TDM format
through an interexchange carrier.
(4) Company may route all Non-Access Compensation Traffic to TCA either directly or indirectly,
over existing facilities, at Company's discretion.
B. Direct Interconnection
Unless otherwise agreed, the Parties shall exchange all Non-Access Compensation Traffrc that originates
and terminates indirectly via a transiting carrier until the total volume of Non-Access Compensation
Traffic being exchanged between the Parties' networks exceeds 24A,000 minutes per month for three (3)
consecutive months, at which time either Party may request the establishment of Direct Interconnection.
Non-Access Compensation Traffic exchanged by the Parties through Direct lnterconnection shall be
subj ect to B il l-and-Keep Reciprocal Compensation.
6. BILLING
A. Charges and Payment
(1) TCA shall pay invoices within ninety (90) days from the Bill Date. If the payment due date
is a Saturday, Sunday or a designated bank holiday, payment shall be made the next business
day. Invoices shall be sent to:
Filer Mutual Telephone Company
Attention: Bob Kraut
400 Main Street
Filer,lD 83328
Email
Phone: [phone]
Teleport Communications America, LLC.
c/o TEOCO MS - AT&T Wireline
12150 Monument Drive, Ste. 700
Fairfax, YA 22033
888-7 86 - 1 21 1 Ext.82 1 87 7 6
attwireline.xtrak@teocoso lutions. com
3
7.
TCAiFiler Mutual Interconnection Agreement
Phone: [phone]l I Ext.82lE768
or such other address as the Parties may designate to one another on at least thifly
(30) days prior written notice.
(2) All charges under this Agreement shall be billed within one (l) year from the timethe charge
was incurred; previously unbilled charges more than one (l) year from the time the charge
was incurred shall not be billed by either Party, and shall not be payable by either Parly.
Nothing in this subsection shall affect the right of a Party to contest inaccurate invoices to
the extent provided under law.
(3) Invoices between the Parties shall be clearly organized and charges must be accompanied
by a brief, clear, non-misleading description of the service or services rendered including
the minutes of use, the rate applied, and whether the charge is for facilities or usage. Invoices
not complying witlt this section shall not be paid until re- issued in the proper format.
ss7
A. Company will provide and implement all defined and industry supported SS7 mandatory
parameters as well as procedures in accordance with ANSI standards to support SS7 signaling
for call setup for the interconnection trunks. 'l'o the extent Company provides ANSI optional
parameters for its own use, Comparry shall provide the same to TCA for'l"CA's review.
ts. Where availablq Company egrees to provide carrier identification parameter (ClP) within
TCA's SS7 call set-up signaling protocol at no charge.
C. Company shall support intercompany 64 KBPS clear channel where it provides such capability
to its end users.
D. The Parties will cooperate in the exchange of TCAP messages to facilitate full inter- operability
of SS7-based features between their networks, including all CI.ASS features and functions; to
the extent each Party of;fers such features and functions to its own end users.
8. NETWORK DESIGN AND MANAGEMENT
A. The Parties will work cooperatively to install and maintain reliable interconnected
telecommunications networks, including but not limited to, maintenance contact numbers and
escalation procedures. Company will provide written notice to TCA of changes in the
information necessary for the transmission and routing of services using its local exchange
facilities or networks, as well as of any other changes that would affect the interoperability of
those facilities and networks.
(l) Each Party shall provide to the other's surveillance management center a twenty-four (24)-
hour contact number for network traffic management issues. A fax number and email
address must also be provided to facilitate event notifications for planned mass calling
events.
(2) Each Party has the duty to alert the other to any network events that can result or have
resulted in material service interruption, blocked calls, or negative changes in network
performance.
B. Neither Party will charge rearrangement, reconfiguration, disconnection, termination or other
4
TCA/Filer Mutual Interconnection Agreement
non-recurring fees that may be associated with the initial reconfiguration of either Party's
network interconnection arrangement contained in this Agrerment.
C. The Parties will provide Common Channel Signaling (CCS) information to one another for all
exchanged Traffic. All CCS signaling parameters will be provided. All privacy indicators will
be honored, and the Parties agree to cooperate on the exchange of Transactional Capabilities
Application Part (TCAP) messages to facilitate full interoperability of CCS-based features
between the respective networks.
D. The Parties will provide each other with the proper call information, including all proper
translations for routing between networks and any information necessary for billing.
E. Company will process TCA maintenance requests at no less than parity with the manner in which
Company processes its own maintenance requests or maintenance requests of its affiliates.
F. Parties shall provide prior notification of any scheduled maintenance activity performed by the
Parties that may be service affecting to the other Parly.
G. In the case of direct interconnection, each Party is responsible for the transport of originating
calls from its network to the relevant, mutually agreed upon point of interconnection, and each
Party will ensure that its facilities are compatible with the mutually agreed upon transmission
and faci lity specifi cations
9, LOCAL NUMBER PORTABILITY
Both Parties shall abide by the rules and regulations of the Federal Communications Commission
arrd applicable state public utility commission rules and regulations to port numbers from and to
each other.
10. LIMITATION OT'LIABILITY
A. Except as otherwise provided for in this paragraph, neither Party shall be liable to the other Parly
for any indirect, incidental, consequential, reliance, punitive, or special damages suffered by the
other Parfy (including without limitatiorr damages for harm to business, lost revenues, lost
savings, or lost profits suffered by the other Party), regardless of the form of action, whether
in contract, warranty, strict liability, or tort, including without limitation negligence of any
kind whether active or passive, and regardless of whether the Parties knew of the possibility
that such damages could result.
B. A Parly's liability for direct damages for breach of this Agreement or for direct damages arising out
of performance under this Agreement shall be limited to one million dollars ($1,000,000.00) in the
aggregate duringthe life ofthis Agreement, which life shall include performance of the terms ofthis
Agreement after expiration or termination pursuant to Section 3@) above.
C. The foregoing shall not limit a Party's obligation as set out in this Agreement to indemnify,
defend, and hold the other Party harmless against amounts payable to third parties.
D. NEITHER PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES TO THE
OTHER PARTY CONCERNING THE SPECIFIC QUALITY OF ANY SERVICES, OR
FACILITIES PROV]DED TINDER THIS AGREEMENT. THE PARTIES DISCLAIM,
WITHOUT LIMITATION, ANY WARRANTY OR GUARANTEE OF
5
TCA/Filer Mutual Interconnection Agreement
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARISING
FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR FROM USAGES
OF TRADE.
11. INDEMNITY
A. Each Party shall be indemnified, defended and held harmless by the other Party against any
claim, loss or damage arising from the other Party's negligent or grossly negligent acts or
onrissions under this Agreement, or arising from the other Party's intentional misconduct
under this Agreement, including without limitation: I ) Claims for libel, slander, invasion of
privacy, or infringement of copyright arising from the other Party's own communications;
2) all other clainrs arising out of an act or omission of the other Partli.
B. As to all indemnification obligations throughout this Agreement, the indemniffing Party
agrees to (a) defend, or at its option settle, any claim or suit against the indemnified Party
as agreed to herein; and (b) pay any final judgment entered against the indemnified Party
on such issue or any settlement thereof. The indemnified Party above: (i) must notifo the
other Party in writing promptly upon learning of any claim or suit for which indemnification
may be sought, provided that failure to do so shall have no effect except to the extent that
the other Party is prejudiced thereby; (ii) must provide all information and assistance as
reasonably requested by, and at the expense of, the other Party in connection with the
conductof the defense and settlementthereof; and (iii) may participate in such defense or
settlement with its own counsel at its sole expense, but without control or authority to defend
or settle. The indemnifoing Party shall not take any action, which unreasonably exposes the
indemnified Party to a risk of damages, which would not be covered by such indemnity, and
may not settle any matter without the prior written consent of the indemnified Party, which shall
not be unreasonably withheld.
C. Notwithstanding arrytJring to the contrary in any agreement between the parties, no
indemnification shall arise as to Claims that are paid by the indemnified Party without the
express written consent of the indemnifoing Party, which consent will not be unreasonably
withheld, conditioned or delayed.
12. MODIFICATION OF' AGREEMENT
No modification, amendment, supplement to, or waiver of the Agreernent or any of its provisions shall
be effective and binding upon the Parties unless it is made in witing and duly signed by the Parties.
13. INTELLECTUAL PROPERTY
Any intellectual property which originates from or is developed by a Party shall rernain in the
exclusive ownership of that Party. Except for a limited license to use patents or copyrights to the
extent necessary for the Parties to use arry facilities or equipment (including software) or to receive
any service solely as provided under this Agreement no license in patent, copyright, trademark,
service mark or ffade secret, or other proprietary or intellectual property right now or hereafter
owned, controlled or licensable by a Party, is granted to the other Party or shall be implied or arise
by estoppel. It is the responsibility of Company to ensure, at no separate or additional cost to TCA,
that Company has obtained any necessaxy licenses (in relation to intellectual property of third
parties used in Company's network) to the extent of Company's own use of facilities or equipment
(including software) in the provision of service to Company's end-user customers.
14. CONX'IDENTIAL INFORMATION
6
TCAlFiler Mutual Interconnection Agreement
The Parties to this Agreement recognize that they or their authorized representatives may come
into possession ofconfidential and/or proprietary data about each other's business as a result of
this Agreement. Each Party agrees to tueat all such data as strictly confidential and to use such data
only for the purpose of performance under this Agreement. Each Party agrees not to disclose data
about the other Parly'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. A Party may request a
nondisclosure agreement of the other Party under this section.
15. RURAL TELEPHONE COMPANY
The Parties acknowledge that Company is entitled to maintain that it is a rural telephorre company
(as defined in 47 U.S.C. 153) as provided by 47 U.S.C. 251(0. By entering into this Agreement,
Company is not waiving its right to maintain that it is a rural telephone company and its right to
rnaintain that it is exempt from$ 251(c) under 47 U.S.C. 251(D of the Acl
16. MISCELLANEOUS.
A. Compliance with Law; Force Majeure. The Parties shall comply with any applicable orders,
rules or regulations of tbe FCC, Commission and Federal and State law duringthe term of this
Agreernent. Notwithstanding anything to 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 directly from acts of God, civil or military authority, acts of public enemy, wax,
hurricanes, tornadoes, storms, fires, explosions, earthquakes, floods, elecffic power outages,
government regulation, sffikes, lockouts or other work interruptions by employees or agents not
within the reasonable control of the non-performing Party.
B. Change of Law. In the event that any final and non-appealable legislative, regulatory, judicial,
or other legal action rnaterially affects any material terms of this Agreement, either Party may,
on thirty (30) days written notice require that such Agreement, or such terms tlrereof be
renegotiated, and the Parties shall renegotiate in good faith such mutually acceptable new terms
as may be required or appropriate to reflect the results of such action.
C. Participation in Regulatory and Other Proceedings. By entering into this Agreemerrt, neither
Party waives its right or ability to participate in any regulatory, judicial, or legislative
proceedings regarding the proper interpretation and /or application of the Act, inoluding
interpretation and /or application that may differ from the terms contained within this
Agreement.
D. Waivers. Any failure by either Party to insist upon the strict performance by the other Parry of
any of the provisions of this Agreement shall not be deemed a waiver of any of the provisions
of this Agreement, and each Party, notwithstanding such failure, shall have the right thereafter
to insist upon the specific performance of any and all of the provisions of thisAgreement.
E. Assignment. A Party may not assign this Agreement other than to an Affiliate without the prior
- written consent of the other Parfy, 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 assigning
Party. Any such assignment shall not, in any way, afFect or limit the rights and obligations of
the Parties, under the tenns of this Agreement. Notice of assignment must be given at least sixty
(60) days in advance of the proposed assignment.
7
TCA/Filer Mutual Interconnection Agreement
F. Severability. In the event that any provision of this Agreement shall be held invalid, illegal, or
unenforceable, it shall be severed from the Agreement and the remainder ofthis Agreement shall
remain valid and enforceable and shall continue in full force and effect; provided however, that
if any severed provisions of this Agreement are essential to any Party's ability to continue to
perform its material obligations hereunder, the Parties shall immediately begin negotiations of
new provisions to replace the severed provisions,
G. Authority. The undersigned signatories represent that they have the authority to execute this
Agreement on behalf of their respective companies.
H. Survival. Any liabilities or obligations of a Party for acts or omissions prior to the cancellation
or termination of this Agreement, any obligation of a Party under the provisions regarding
indemnification, confidential inforrnation, limitations of liability and any other provisions ofthis
Agreement which, by their terms, are contemplated to survive (or be performed after)
termination of this Agreement, shall survive cancellation or termination thereof.
I. Governing Law. This Agreement shall be governed by and construed and enforced in accordance
with the laws of the state in which state commission approval is obtained, the Act and other
applicable federal law.
J. Filing of Agreement. Upon execution, Company shall file this Agreement with the Comrnission
pursuant to the requirements of Section 252 of the Act.
K. Notices. Notices given by one Party to the other Party under this Agreement shall be in writing
and shall be: (i) delivered personally; (ii) delivered by express delivery seruice; (iii) mailed,
certified mail, return receipt requested; or (iv) delivered by telecopy to the following addresses
ofthe Parties:
To Company:
Filer Mutual Telephone Company
Bob Kraut, General Manager / COO
400 Main Street
Filer,ID 83328
Phone: [phone]
To: TCA
Teleport Communications of America
David Handal, Director Sourcing
I AT&T Way, Room 4,4,105
Bedminster, NJ 07921
Email : [e-mail]
Phone: (9O8)234-3707
With a copy to:
AT&T Services, Inc.
Legal Department
208 S. Akard Street
Dallas, TX75202
Attn: Interconnection Agreement Counsel
Fax:[phone]
or to such other address as either Party shall designate by proper notice. Notices will be
deemed given as of the date of actual receipt.
L. Relationship of Parties. It is the intention of the Parties that each shall be an independent
contractor and nothing contained herein shall coustitute the Parties asjoirrt venturers, partners,
employees or agents of one another, and neither Party shall have the right or power to bind or
obligate the other.
8
TCA/Iiler Mutual Interconnection Agreement
M. No Third Party Beneficiaries. The provisions of this Agreement are for the benefit of the Parties
hereto and not for any other person, and this Agreement shall not provide any person not a Party
hereto wirh any remedy, claim, liability, reimbursement, right of action, or other right in excess
of those existing without reference hereto. Nothing in this Agreement shall be construed to
prevent Level 3 from providing sorvices to or obtaining services from oflrer carriers.
N. Entire Agreement. This constitutes the entire Agreement between the Parties wift respect to the
subjeot matter hereof, superseding all prior understandings. proposals and other
communications, oral or written. Neither Party shall be bound by any preprinted terms additional
to or different from those in this Agreement that may appear subsequently in the other Party's
form documents, purchase orders, quotations, acknowledgments, invoices or other
communications. This Agreement may only be modified in writing signed by an officer of each
Party.
O Conflict with Tariffs. In the event of any conllict between the language of this Agreement and
ft6 language of an applicable tariff, this Agreement shall oontrol.
This Agreement is executed as dated below
f iler Mutual Telephone Company Telqort Communication s Americao LLCfrufrimads
Signature
Bob Kraut
Typed or kinted Name
General Manager / COO
Title
Datp
Typed or Printed Name
Lead Carrier Relations Manager
Signahue
Damaris Ortiz
Title
7181202L
Date
9