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Home My WebLink About20130404Amendment 3.pdf'..— olTher - Communications April 3, 2013 znr APR - pill 12: 26 - tJTili'flES (OMMS;0W 805 Central Expressway South Suite 200 Allen, Texas 75013 Phone 972-908-4415 Fax 214-383-2737 Email: kimberivadouglass (ftr.com Ms. Jean Jewell, Secretary Idaho Public Utilities Commission P.O. Box 83720 Boise, ID 83720-0074 Re: GTE-T-97-13 - Amendment No. 3 to the Interconnection Agreement between Frontier Communications Northwest Inc. f/k/a Verizon Northwest Inc. f/k/a GTE Northwest Incorporated and Verizon Wireless Dear Ms. Jewell: Attached for filing and approval are one original plus three copies of Amendment No. 3 to the interconnection agreement between Frontier Communications Northwest Inc. f/k/a Verizon Northwest Inc. f/k/a GTE Northwest Incorporated and Verizon Wireless. Please call me at (972) 908-4415 if you have any questions. Sincerely, Kim Douglass Manager Compliance - Regulatory Affairs Enclosures AMENDMENT NO. (3) TO THE INTERCONNECTION AGREEMENT BETWEEN FRONTIER COMMUNICATIONS NORTHWEST INC., F/K/A VERIZON NORTHWEST INC., F/K/A GTE NORTHWEST INCORPORATED AND VERIZON WIRELESS This Amendment No. 3 (this "Amendment") shall be deemed effective on July 1, 2012 (the "Amendment Effective Date") by and between Frontier Communications Northwest Inc. f/k/a Verizon Northwest Inc. ("Frontier"), a Washington corporation with offices at 180 S. Clinton Avenue, Rochester, NY, 14646, and the Verizon Wireless entities listed on the signature page of this Amendment, each having an office and principal place of business at One Verizon Way, Basking Ridge, NJ 07920 (collectively "Verizon Wireless). Frontier and Verizon Wireless 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 of the Northwest Inc. in the state of Idaho (the "State"). WITNESSETH: WHEREAS, Frontier and Verizon Wireless are Parties to an interconnection agreement under Sections 251 and 252 of the Communications Act of 1934, as amended (the "Act") dated January 21, 1998 (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"). 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 2.1. 2.2 Capitalization. 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 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. 2.9 Definitions. Notwithstanding any other provision in the Agreement, this Amendment or any Verizon Tariff or SGAT, the term "Tariff," as used in this Amendment, shall mean: (a) Any applicable Federal or state tariff of a Party, as amended from time to time; or (b) any standard agreement or other document, as amended from time to time, that sets forth the generally available terms, conditions and prices under which a Party offers a Service. The term "Tariff' does not include any Frontier Statement of Generally Available Terms (SGAT) which has been approved or is pending approval by the Commission pursuant to Section 252(f) of the Act. 3.lntraMTA Traffic. 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 stayed, revised, reconsidered, changed or modified. When any such stay, revision, reconsideration, change or modification is effective, and changes the reciprocal compensation rate for lntraMTA traffic, such action will be automatically incorporated into this Agreement. For clarity, the reciprocal compensation rate, 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: Legal Department 3 High Ridge Park Stamford, CT 06905 IN WITNESS WHEREOF, the Parties hereto have caused this Amendment to be executed as of the Amendment Effective Date. Ceilco Partnership dibla Verizon Wireless Cellular Inc. Financial Corp. d!b/a Verizon Wireless Idaho RSA No. 2 Limited Partnership dibla Verizon Wireless By Verizon Wireless (VAW) LLC, Its General Manager Idaho RSA 3 Limited Partnership dlbla Verizon Wireless By Verizon Wireless (VAW) LLC, Its General Manager Idaho 6-Clark Limited Partnership dibla Verizon Wireless By CommNet Cellular Inc., Its Managing Agent Verizon Wireless Printed: JQ.LtW L.ciOv& I. Title: J(.iWC Date: Frontier Communications Northwest Inc. (ID) By: 'G. —0, ) . Printed: Stephen LeVan Title: SVP, Carrier Sales and Services Date: