20110217Amendment.pdf

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Lntl FEB 17 Pri 2: 07
FTD01Cl19
2200 W. Airfeld Drive
P.O. Box 619002
DFW, Texas 75261
Februar 11,2011
Phone [phone]
Fax [phone]
Email: kimberly.a.douglassaYft.com
Ms. Jean Jewell, Secretar
Idaho Public Utilties Commission
P.O. Box 83720
Boise, ID 83720-0074
Re: GTE-T-00-06 - Amendment NO.3 to the interconnection agreement between Frontier
Communcations Northwest Inc. and New Edge Network Inc. d//a New Edge Networks
Dear Ms. Jewell:
Attched please find an original plus thee copies of Amendment No. 3 to the interconnection
agreement between Frontier Communcations Nortwest Inc. and New Edge Network Inc. d//a
New Edge Networks.
Please call me at (972) 456-755 i if you have any questions.
Sincerely,1¿nnfJ¥~
Kim Douglass
Senior Consultat
Compliance - Governent and Regulatory Affairs
I:~ECf:
201l FEB 17 Pri 2: 07
AMENDMENT NO.3
TO THE
INTERCONNECTION AGREEMENT
BETWEEN
FRONTIER COMMUNICATIONS NORTHWEST INC.
AND
NEW EDGE NETWORK INC. d/b/a NEW -. NETWORKS
This Amendment NO.3 (this "Amendment" shall bedld effective on July 1, 2010
(the "Amendment Effective Date") by and between Frontier COunications Northwest Inc. flk/a
Verizon Northwest Inc. ("Frontier"), a Washington corrati with offces at 180 S. Clinton
Avenue, Rochester, NY, 14646, and New Edge Netwrk Inc. d/b/a New Edge Networks ("New
Edge Networks"), a Delaware corporation with offces at 3000 Columbia House Blvd., Suite 106,
Vancouver, WA, 98661. Frontier and New Edge Networks may be hereinafter referred to
individually as a "Part" and collectvely as the "Partes". Thls Amendment only covers the
services addressed herein that Frontier provides in its operatng territory in the state of Idaho (the
"State").
WITNESSETH:
WHEREAS, Frontier and New Edge Networks are Parties to an interconnection
agreement under Sections 251 and 252 of the Communications Act of 1934, as amendd (the
"Act") dated March 15, 2000 (the "Agreement"); and
WHEREAS, New Edge Networks has requested that the Parties amend the Agreement
to address the matters set forth herein.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the
receipt and suffciency of which are hereby acknowledged, the Parties agree as follows:
1. Amendment to Agreement. The Agreement is amended to incorporate the term and
conditions set forth in this Amendment, all of which shall apply to and be a part of the
A-greement (heq:iinafter referred.to.as the "Amended Agreement') nOl.ithstançjiOg.any,.
other term or condition of the Amended Agreement, a Frontier Tariff or a Fronter
Statement of Generally Available Terms and Conditions ("SGAT").
2. Miscellaneous Provisions
2.1 Conflct Between this Amendment and the Agreement. This Amendmet 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 term and conditions of this Amendment and the
terms and conditions of the Agreemet, 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 Agreemet but not in this Amendment, shall not be
interpreted as, or deemed grounds for finding, a conflict for purpses ofthis
Section 2.
2.2 Capitalization. Capitalized terms used and not otherwse 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 instrment.
2.4 Captions. The Parties acknowledge that the captions in this Amndment 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 fort 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 Partes 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 Part 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 Part 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. The Term of the Agreement is modified as follows;
3.1
paragraph:
Paragraph 2.1 of the Agreemet shall be replaced in total by the following
2.1 Term of Agreement
This Agreement shall be effectve in accordance with Section 36 (the Effective
Date"), and shall remain effectve until June 30, 2013. This Agrement shall
continue in effect for consecutie one (1) year terms thereafter unless either
Part give the other Part at least ninety (90) calendar days written notice of
termination, which termination shall be effective at the end of the initial term.
4. Notices
4.1 All notices required under the Agreement for Frontier shall be set to the
contacts listed below and includes, but is not limited to, notice for legal,
regulatory, billng, tax related documents, and insurance related documents.
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.. .
To Frontier:
To New Edge Networks:
Frontie Communications
Attn: Director, caier Services
180 S. Clinton Ave
Rochester, NY. 14646
With Copy to:
Frontier Communications
Attn: Associate.General Counsel
180 S..ClintonAve
Rochester. NY 14646
New Edge Netwrk. Inc.
Attention: Penn H. Bewick
3000 Columbia Houe Blvd., Suite 106
Vancouver, WA98661
pbewickcænewegenetorks.com .
IN WITNESS WHEREOF, the Pares hereto have caus tts Amendment to be
exected as of the Amendment Effective Date.
Ne Edge Network Inc.:y~~
Printed: Cardi Priozi
Title: President
Date:.12- - i ";ID Date:\ . õ-\\
Frontier Comunlcatlons Northwet Inc.~V_Bv:
Printed: Stephe levan .
Title: SVP, Carer Sale and Seice
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