The URL can be used to link to this page

Home My WebLink About20031211Amendment 2.pdf. Verizon / Verizon Wireless Interconnection Agreement(s) Notice/ Assignment/Assumption State of Idaho July 2, 2002 Page 2 RECEIVED (!) FILED 0 20fllOC1 '5 ~M~: r 4 tDt\HO F"Ufu)lIC AMENDMENT NO.UHUTlES C0HHlSSliH to the INTERCONNECTION AGREEMENT between VERIZON NORTHWEST INC. F/K/A GTE NORTHWEST INCORPORATED and CELLCO PARTNERSHIP D/B/A VERIZON WIRELESS VERIZON WIRELESS (VAW) LLC D/B/A VERIZON WIRELESS BOISE CITY MSA LIMITED PARTNERSHIP D/B/A VERIZON WIRELESS IDAHO RSA NO.1 LIMITED PARTNERSHIP D/B/A VERIZON WIRELESS IDAHO RSA NO.2 LIMITED PARTNERSHIP D/B/A VERIZON WIRELESS IDAHO RSA NO.3 LIMITED PARTNERSHIP D/B/A VERIZON WIRELESS CELLULAR, INC. FINANCIAL CORPORATION D/B/A VERIZON WIRELESS COMMNET CELLULAR LICENSE HOLDING LLC D/B/A VERIZON WIRELESS COMMNET CELLULAR INC. D/B/A VERIZON WIRELESS IDAHO 6 - CLARK LIMITED PARTNERSHIP D/B/A VERIZON WIRELESS FOR IDAHO This Amendment No.2 (this "Amendment") is effective June 14 , 2001 ("Amendment Effective Date ), by and between Verizon Northwest Inc., formerly known as GTE Northwest Incorporated ("Verizon ), and the Verizon Wireless Parties listed on the signature pages of this Amendment (the Verizon Wireless Parties are each hereinafter referred to as "Verizon Wireless (Verizon and Verizon Wireless may hereinafter be referred to , each individually, as a "Party," and , collectively, as the "Parties WITNESSETH: WHEREAS , Verizon and Verizon Wireless are parties to an Interconnection Agreement under Sections 251 and 252 of the Communications Act of 1934 (the "Act") for Idaho, which was effective January 21 , 1998 (the "Agreement"); and iManage # 750-69828-2002 WHEREAS , on April 18, 2001 , in the Order on Remand and Report and Orderthe Matter of Implementation of the Local Competition Provisions in the Telecommunications Act of 1996 Intercarrier Compensation for ISP-Bound Traffic FCC 01-131 , CC Docket Nos. 96-98 and 99-, 16 FCC Rcd 9151 ("Order ), the Federal Communications Commission affirmed its prior determination that Internet traffic is not subject to reciprocal compensation under Section 251 (b)(5) of the Act, but exercised its authority under Section 201 of the Act to establish a transitional plan for intercarrier compensation for Internet traffic; and WHEREAS , in accordance with the Order, Verizon has elected to offer an optional reciprocal compensation rate plan for traffic subject to Section 251 (b)(5) of the Act, under which such traffic exchanged between Verizon and a local exchange carrier or CMRS provider in a given state will be subject to compensation at the same rate applicable to intercarrier compensation for Internet traffic in that state under the terms of the Order; and WHEREAS , Verizon Wireless has elected to amend the Agreement to accept the optional reciprocal compensation rate plan for traffic subject to Section 251 (b)(5) of the Act being offered by Verizon; NOW, THEREFORE, in consideration of the promises and mutual agreements set forth herein , the Parties agree to amend the Agreement as follows: 1. Amendment to Aqreement.The Agreement is amended as follows: 1 Notwithstanding any other provision of the Agreement, effective as of the Amendment Effective Date , the following provisions shall apply to and be a part of the Agreement: Reciprocal Compensation Rates: Appendix A of the Agreement is amended by deleting from the section "Local Transport and Termination Rates" Paragraph A , " Tandem Interconnection Rate and Paragraph B , " End Office Interconnection Rate" and replacing these Paragraphs A and B with the following: A. Local Traffic Transport and Termination Rate June 14 , 2001 through December 13, 2001 -- $0.0015 per minute of use; December 14, 2001 through June 13 , 2003 -- $0.0010 per minute of use; and June 14 , 2003 and thereafter -- $0.0007 per minute of use. The rates provided for in Section 1.1 above shall apply to the Parties in an equal and symmetrical manner. The rates provided for in Section 1.1 above shall apply until such time as they are replaced prospectively by new rates as may be approved or allowed into effect from time to time by the Commission pursuant to FCC orders and FCC regulations, or by the FCC, subject to a stay or other order issued by any court of competent jurisdiction. Reciprocal compensation shall not apply to traffic that is not subject to reciprocal compensation under Section 251 (b)(5) of the Act. 3 "Internet Traffic" means any traffic that is transmitted to or returned from the Internet at any point during the duration of the transmission. 1.4 Local Traffic does not include any Internet Traffic. Reciprocal compensation shall not apply to Internet Traffic. 6 The Parties ' rights and obligations with respect to any intercarrier compensation that may be due in connection with their exchange of Internet Traffic shall be governed by the terms of the Order and other applicable FCC orders and FCC regulations. 7 The determination of whether traffic is Local Traffic or Internet Traffic shall be performed in accordance with Paragraphs 8 and 79, and other applicable provisions , of the Order (including, but not limited to in accordance with the rebuttable presumption established by the Order that traffic delivered to a carrier that exceeds a 3: 1 ratio terminating to originating traffic is Internet Traffic, and in accordance with the process established by the Order for rebutting such presumption before the Commission). 8 A Party shall not be obligated to pay any intercarrier compensation for Internet Traffic that is in excess of the intercarrier compensation for Internet Traffic that such Party is required to pay under the Order and other applicable FCC orders and FCC regulations. 2 Notices to be given by Verizon to Verizon Wireless under Article III Section 26 of the Agreement on and after October 1 , 2002 shall be delivered to the following: Director of Interconnection Verizon Wireless One Verizon Place Alpharetta , GA 30004 Attn.: Dudley Upton GA3B1 REG Director Regulatory-Interconnection 1300 I Street, NW, Suite 400W Washington , DC 20005 2. Termination.If the Order is stayed , vacated or modified , in whole or in part, by the FCC or another governmental entity of competent jurisdiction, each Party shall have the right to terminate this Amendment by written notice to the other Party. The termination shall be effective upon receipt of the notice of termination by the other Party. In the event of such termination of this Amendment, the language of the Agreement , on a prospective basis, effective with the effective date of the termination , shall revert to the language of the Agreement (including any other amendments to the Agreement entered into by the Parties on , before or after the Amendment Effective Date) as it would have existed if this Amendment had not been entered into by the Parties. The provisions of this Section 2 shall be in addition to and not in limitation of any other provisions of the Agreement (including, but not limited to , Article III Section 30 , " Changes in Legal Requirements " and Article III Section 38 , " Subsequent Law ) that might apply if the Order is stayed , vacated or modified. 3. Scope of Amendment.Except to the extent set forth in Section 1 of this Amendment, the rates , charges and other provisions of the Agreement shall remain in full force and effect after the Amendment Effective Date. Nothing in this Amendment shall be deemed to amend or extend the term of the Agreement. The dates shown in Section 1 above are not intended to modify the term of the Agreement or to affect either Party s right to exercise any right of termination it may have under the Agreement. 4. Conflict Between this Amendment and the Aqreement.This Amendment shall be deemed to revise the rates, charges and other provisions of the Agreement to the extent necessary to give effect to the rates , charges and other provisions of this Amendment. In the event of a conflict between a rate , charge or other provision of this Amendment and a rate, charge or other provision of the Agreement, this Amendment shall govern. 5. 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. IN WITNESS WHERr 1=, the Parties hereto have caused s Amendment to be duly executed and delivered by their duly authorized representatives as of the Amendment Effective Date. Verizon Northwest Inc.f/kla GTE Northwest Incorporated . Masoner Ice-President - Interconnection Services Policy & PlanninQ Cellco Partnership d/b/a Verizon Wireless By: ~ Name. A. . Melone Title: V. e President Network Operation Support Date: ?;Ir'D'"L- Verizon Wireless 01AW) LLC d/b/a Verizon Wireless Boise City MSA limited Partnership d/b/a Verizon Wireless By Verizon Wireless (VAW) LLC , Its General Partner Idaho RSA No.1 Limited Partnership d/b/a Verizon Wireless By Verizon Wireless (VAW) LLC, Its General Partner Idaho RSA No.2 Limited Partnership d/b/a Verizon Wireless By Verizon Wireless 01AW) LLC , Its General Partner Idaho RSA 3 Limited Partnership d/b/a Verizon Wireless By Verizon Wireless (VAW) LLC, Its General Partner By: Name: A. J. elone Title: Vic President Network Operation Support Date: t/~"L- Cellular, Inc. Financial Corporation d/b/a Verizon Wireless CommNet Cellular License Holding LLC d/b/a Verizon Wireless By Cellular, Inc. Fi ncial Corporation , Its Sole Member By: Name: Robert Swaine Title: West Area - Vice President Network Date: /9-(J7... CommNet Cellular Inc. d/b/a Verizon Wireless Idaho 6 - Clark Limited Partnership d/b/a Verizon Wireless By CommNet Cellula nc, Its Managing Agent By: Name: Robert Swaine Title: West Area - Vice President Network iManage # 750-69828-2002