HomeMy WebLinkAbout20120910Amendment No. 2.pdf'- ofihier 0
Communications RE CE t V E )
2Cl2SEF 10 PM 1: 42
-, 805 Central Expressway South
Suite 200
Allen, Texas 75013
September 6, 2012
Phone 972-908-4415
Fax 214-383-2737
Email: kimberty.a.douglass@ftr.com
Ms. Jean Jewell, Secretary
Idaho Public Utilities Commission
P.O. Box 83720
Boise, ID 83720-0074
Re: GTE-T-00-02 Amendment No. 2 to the Interconnection Agreement between Frontier
Communications Northwest Inc. f/k/a Verizon Northwest Inc. f/k/a GTE Northwest Inc. and T -
Mobile West Corporation f/k/a VoiceStream Wireless
Dear Ms. Jewell:
Attached for filing and approval are one original plus three copies of Amendment No. 2 to the
interconnection agreement between Frontier Communications Northwest Inc. f/k/a Verizon
Northwest Inc. f/k/a GTE Northwest Inc. and T-Mobile West Corporation f/k/a VoiceStream
Wireless.
Please call me at (972) 908-4415 if you have any questions.
Sincerely,
1';77
Kim Douglass
Manager
Compliance - Regulatory Affairs
Enclosures
F. E C El yE C
AMENDMENT NO. 2 10 PH 1:t,3
TO THE JT11 .
INTERCONNECTION AGREEMENT
BETWEEN
FRONTIER COMMUNICATONS NORTHWEST INC.,
f/k/a VERIZON NORTHWEST INC. f/k/a GTE NORTHWEST INC
AND
1-MOBILE WEST CORPORATION f/k/a VOICESTREAM WIRELESS
This Amendment No. 2 (this "Amendment") shall be deemed effective on July 1, 2012 (the
"Amendment Effective Date") by and between Frontier Communications Northwest Inc., f/k/a
Verizori Northwest Inc, ("Frontier"), a Washington corporation with offices at 180 S. Clinton
Avenue, Rochester, NY, 14646, and T-Mobile West Corporation ('T-Mobile"), with offices at
12920 SE 38" Street, Bellevue, Washington 98006. Frontier and T-Mobile 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
Frontier West Virginia, Inc. (the "State").
WITNESSETH:
WHEREAS, Frontier and T-Mobile are Parties to an interconnection agreement under
Sections 251 and 252 of the Communications Act of 1934, as amended (the "Act") dated March
5, 1997 (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 CaDitalization. Capitalized terms used and not otherwise defined herein have the
meanings set forth in the Amended Agreement.
2.3 Counterpart. 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 USF11CC Transformation Order FCC 11-161 (ret. 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/ICC
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: Associate General Counsel
180 S. Clinton Ave
Rochester, NY 14646
All notices required under the Agreement for T-Moblie shah 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.
Director - Carrier Management
12920 SE 38 h Street
Bellevue, WA 98006
With Copy to:
General Counsel
12920 SE 3e Street
Bellevue, WA 98008
IN WITNESS WHEREOF. the Parties hereto have caused this Amendment to be
executed as of the Amendment Effective Date.
T-Mobllo West Frontier Communications Northwest Inc
Printed: Bryan Fleming Printed: Stephen Levan
Title: VP 1echnaI Svatema and MWMA onerations Title: _SVP. Carrier Sales and Service
Date: Date:
I