Loading...
HomeMy WebLinkAbout20130628Amendment 2.pdf;frcA-frer'f,l inTl: r:'-I u,-',.r :_ i -' f- ; I$!3 JUlt28 pi{ tZ: 55 lii,'.iii,, ' '-,TiLlTl :S '--;. ,.. ; l; 1.. ,, June 24,2013 Ms. Jean Jewell, Secretary Idaho Public Utilities Commission P.O. Box 83720 Boise, ID 83720-0074 Re: VZN-T-97-10 - Amendment No. 2 to the Interconnection Agreement between Frontier Communications Northwest Inc. flWa Verizon Northwest lnc. flUa GTE Northwest Incolporated and Nextel West Corp. 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. flWa Verizon Northwest Inc. fMaGTE Northwest Incorporated and Nextel West Corp. Please call me at (972) 908-4415 if you have any questions. Sincerely, 805 Central Expressway South Suite 200 Allen, Texas 75013 Phone 972-908-21415 Fax 214-383-273'l Email: kimberlv.a.douglass (d fu .com 4* {b',,7",-* Kim Douglass Manager Compliance - Regulatory Affairs Enclosures AMENDMENT NO.2 TO THE INTERCONNEGTION AGREEMENT BETWEEN FRONTIER COMMUNICATIONS NORTHWEST !NC., F/K/A VERIZON NORTHWEST INC., F/K/A GTE NORTHWEST INCORPORATED AND NEXTEL WEST CORP. This Amendment No. 2 (this 'Amendment") shall be deemed effective on July 1, 2012 (the "Amendment Effective Date") by and between Frontier Communications Northwest lnc. ("Frontier"), a Washington corporation, with offices at 180 S. Clinton Avenue, Rochester, NY, 14646, and Nextel West Corp. ("Sprint"), a Delaware Corporation, with offices at 6200 Sprint Parkway, Overland Park, Kansas. Frontier and Sprint 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 Communications Northwest lnc. in the state of ldaho (the "State"). WITNESSETH WHEREAS, Frontier and Sprint are Parties to an interconnection agreement under Sections 251 and 252 of the Communications Act of 1934, as amended (the "Act") dated June 14, 2001 (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: 1 Amendment to Aqreement. 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"). 2 Miscellaneous Provisions. 2.1 Conflict Between this Amendment and the Aqreement. 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. ln 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 Caoitalization. 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 Caotions. 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 Scooe 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. 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 the Parties 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. Amendments. No amendments or modifications shall be made to this Amendment unless in writing and signed by appropriate representatives of the Parties. 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. Reciprocal Gompensation Rates. 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 revised, reconsidered, changed or modified. ln the event any such revision, reconsideration, change or modification becomes effective, such action may be incorporated into this Agreement pursuant to the change of law provisions of the Agreement. For clarity, reciprocal compensation, effective July 1 , 2012, will be bill and keep subject to any future revision, reconsideration, change or modification of the USF/ICC Transformation Order which are the subject of this Amendment. The Parties enter this Amendment without waiving or prejudicing any position they have taken previously, or may take in the future, in any legislative, regulatory, or other public forum addressing any matters related to compensation for traffic exchanged between the Parties over their respective networks. Notices 5.1 All notices required under the Agreement for Frontier Communications Northwest lnc. 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 ' l, th, Mrtt", ot Connect America Fund, A Nationat Broadband Plan for Our Future, Estabtishing Just and Reasonable Rates for Local Exchange Cariers, High-Cost UniversalServlce Suppod, Developing an Unified lntercarrier Compensation Regime, Federal- State Joint Board on Universal Serylce, Lifeline and Link-Up, Universal Service Reform - Mobility Fund, WC Docket No. 10-90, GN Docket No.09-51, WC Docket No.07-,l35, WC Docket No.05-337, CC Docket No.01-92, CC Docket No. 96-45, WC Docket No. 03-109, WT Docket No. t0-208, "Report and Order and Further Notice of Proposed Rulemaking", FCC 11-161 (rel. Nov. 18,2011) and "Order on Reconsideration", FCC 1 1-189 (rel. Dec. 23,20111 I"USF/ICC Transformation Ordel'). 2.6 2.7 2.8 All notices required under the Agreement for Sprint 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. Sprint Manager, Carrier lnterconnection Management Mailstop: KSOPHE0 1 02-1D218 6360 Sprint Parkway Overland Park, KS 66251 (913) 827-0597 (overnight mail only) With a Copy to: Sprint Legal/Telecom Management Group Mailstop: KSOPHNO312 - 3A318 6450 Sprint Parkway Overland Park, KS 66251 (91 3) 31 5-9762 (overnight mail only) lN WITNESS WHEREOF, the Parties hereto have caused this Amendment to be executed as of the Amendment Effective Date. By: Printed: Steohen LeVan Title: SVP. Carrier Sales and Service Date: (:' - z -ta - 5.2 NextelWest Corp. Printed: Rick D. Ratliff