20100521Amendment 2.pdf

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Four-Party Transit Traffic Amendment
to the interc~~::~t~~r:::~~c:ent between ilißKAY.21 lti 9; 39
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Neutral Tandem, Inc.
for the State of Idaho
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This Four-Party Transit Traffic Amendment ("Amendment") is to the Interconnection
Agreement between Owest Corporation ("Owest"), a Colorado corporation, and Neutral
Tandem, Inc. ("CLEC"), a Delaware corporation, (collectively, the "Parties").
RECITALS
WHEREAS, the Parties entered into an Interconnection Agreement ("Agreement") for
service in the State of Idaho, that was filed with the Commission, which, among other
terms, required Owest to provide transiting services to CLEC, as defined in the
Agreement; and
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WHEREAS, CLEC wishes to offer transiting services to other telecommunications carriers
and send that traffic to Owest for termination to other telecommunications carriers as
transit traffic pursuant to the terms of the Agreement according to the terms of this
Amendment, subject to limitations and requirements of the Local Exchange Routing Guide
("LERG"), as further clarified within this Amendment, and other applicable requirements,
including but not limited to the Agreement and the Amendment; and
WHEREAS, the Parties agree to amend the Agreement under the terms and conditions
contained herein.
AGREEMENT
NOW THEREFORE, in consideration of the mutual terms, covenants and conditions
contained in this Amendment and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the Parties agree as follows:
1. Amendment Terms
The purpose of this Four-Party Transit Traffic Amendment is to provide the specific terms
under which CLEC wil receive certain transiting services from Owest as reflected in
Attachment 1, incorporated herein.
2. Effective Date
This Amendment shall be deemed effective upon approval by the Commission; however,
the Parties agree to implement the provisions of this Amendment upon execution.
3. Further Amendments
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Except as modified herein, the provisions of the Agreement shall remain in full force and
effect. Except as provided in the Agreement, this Amendment may not be further
amended or altered, and no waiver of any provision thereof shall be effective, except by
written instrument executed by an authorized representative of both Parties.
March 17, 2010/cac/Neutral Tandem/Four-Part Transit Traffic/ID
Amendment to CDS-100316-0001
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4. Entire Agreement
Other than the publicly filed Agreement and its Amendments, the Parties have no
agreement or understanding, written or oral, relating to the terms and conditions for under
which CLEC will exchange traffic with Owest in the State of Idaho.
The Parties intending to be legally bound have executed this Amendment as of the dates
set forth below, in multiple counterparts, each of which is deemed an original, but all of
which shall constitute one and the same instrument.
Neutral Tandem, Inc.Qwest Corporation~ad,~Signature --D--~
Signature
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Name PrintedlTyped
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Title
L. T. Christensen
Name PrintedlTyped
Director - Wholesale Contracts
Title
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Date Date
March 17, 2010/cacJNeutral Tandem/Four-Party Transit TraffcJlD
Amendment to CDS-100316-0001 2
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ATTACHMENT 1
1.Four-Party Transit Traffic
1.1 Four-Party Transit Traffic
1.1.1 As used in this Section 1, "Four-Party Transit Traffic" is traffic that
(a) originates on the network of a Telecommunications Carrier other than
CLEC (e.g., another CLEC, ILEC other than Qwest, other LEC, or
Commercial Mobile Radio Service (CMRS) carrier), (b) is transported
through CLEC's network and delivered by CLEC to Qwest, and (c) then is
transported through Qwests Tandem Switch to the subtending End Office
or its equivalent of a Telecommunications Carrier other than Qwest (e.g.,
another CLEC, ILEC other than Qwest, other LEC, or Commercial Mobile
Radio Service (CMRS) carrier) 1. Neither the originating customer nor the
terminating customer is an End User Customer of Qwest or CLEC.
SubtendingEnd Office Switches or their equivalent shall be determined in
accordance with and as identified in the Local Exchange Routing Guide
(LERG). For the avoidance of any doubt, under no circumstances shall
Qwest be obligated to transit traffic through a Qwest Tandem Switches to
an End Office Switch or its equivalent that the LERG does not identify as
subtending that particular Qwest Tandem Switch. Switched Access Traffic
is not Four-Party Transit Traffic.
1.1.2 Four-Part Transit Traffic Service provides CLEC with the
transport of Four-Party Transit Traffic as provided in this Section.
1 .1.3 CLEC shall pay Qwest for Four-Party Transit Traffic Service. The
rate for this service wil be the same Charges that apply to the applicable
local and toll transit traffic service in Exhibit A of the Agreement. CLEC wil
not impose any charges on Qwest for any aspect of Four-Party Transit
Traffic.
1 .1.4 Qwest and CLEC agree that, should CLEC wish to send traffic
terminating to an End User Customer of Qwest from originating customer
that is not an End User Customer of CLEC, CLEC will not send such traffic
unless and until Qwest and CLEC wil negotiate a further amendment to the
Agreement. For purposes of this Amendment, VolP traffic that complies
with the provisions of the VolP Amendment delivered to CLEC by an End
User Customer of CLEC will not be defined as Four-Party Transit Traffic or
third party transit traffic, under this Amendment or the Agreement.
1.2 Additional Provisions
1.2.1 The provisions in this Section apply to Section 1 above.
1 Such a carrier is referred to in this Section 1 as a "Receiving Carrier."
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Amendment to CDS-100316-0001 3
.1.2.2 As used in this Section:
1.2.2.1 "Traffic" means and is comprised of "Four-Party
Transit Traffic", as defined in Section 1.
1.2.2.2 "Receiving Carrier" means a Telecommunications
Carrier to which Qwest has transported Traffic that was delivered
by CLEC to Qwest, as described in Section 1.
1.2.3 Traffic shall be routed over the LIS interconnection trunks
described in the Agreement. CLEC shall deliver each call to Qwests
Tandem Switch with Common Channel Signaling (CCS) and the
appropriate Transactional Capabilities Application Part ("TCAP") message
to facilitate full interoperability of CLASS Features and biling functions. If
Qwest inserts or otherwise adds CLEC's Carrier Identification Code ("GIC")
code to such Traffic in error (as it is not Qwests normal business practice
to use or insert a GIG in the routing of traffic through its network), then upon
notice from GLEG, Qwest will take reasonable actions to cause GLEG's
GIG to no longer be inserted or added.
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1.2.4 Qwest shall not be liable for compensation to any Receiving
Carrier or to CLEG or to any other person or entity for any Traffic that is
transported through Qwests Tandem Switch, and Qwest reserves the right
to assess to CLEC, and CLEG shall promptly pay to Qwest, any charges or
costs any Receiving Carrier or other person or entity bills to, or imposes or
levies on, Qwest for the delivery, transport or termination of such Traffic,
including, but not limited to, any Switched Access Service charges. If
Qwest is biled by any Receiving Carrier or other person or entity for any
Traffic delivered by CLEC to Qwest, Qwest may provide notice to CLEC of
such billng. Upon receipt of such notice, CLEC shall immediately cease
sending to Qwest any Traffic going to such Receiving Garrier or other
person or entity until Qwest provides written notice to CLEC that GLEC
may resume sending to Qwest Traffic going to such Receiving Carrier or
other person or entity (which Qwest wil do upon receipt of a written
certification signed by an authorized officer or agent of the Receiving
Carrier or of the other person or entity, in form and substance acceptable to
Qwest, that the Receiving Carrier or other person or entity has removed
such biled charges from the bil the Receiving Carrier or other person or
entity has submitted to Qwest and that the Receiving Carrier or other
person or entity will not bil Qwest for any Traffic delivered by CLEG to
Qwest). The indemnification provisions of the Agreement shall apply to
CLEC's obligations under this Section.
1.3 Traffic Delivered to Third-Party Telecommunications Carriers
Connected to CLEC
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1.3.1 Upon written request from Qwest, CLEC shall offer to Qwest
service arrangements equivalent to or the same as the service
arrangements provided by Qwest to CLEC pursuant to Sections 1.1 and
1.2 such that Qwest may terminate calls to a switch or its equivalent of a
Telecommunications Carrier (e.g., another CLEC, ILEC other than Qwest,
March 17, 2010/cac/Neutral Tandem/Four-Party Transit TrafficJlD
Amendment to CDS-100316-0001 4
.other LEC, or Commercial Mobile Radio Service (CMRS) carrier), that
subtends or interconnects with a CLEC switch or its equivalent ("Reciprocal
TransiVFour-Party Traffic Service"). CLEC shall offer such Reciprocal
TransiVFour-Party Traffic Service arrangements under the rates, terms and
other provisions of a written amendment to the Agreement that expressly
references this Section. Such rates, terms and other provisions shall be no
less favorable to Qwest than the rates, terms and other provisions set out in
Sections 1.1 and 1.2, and other applicable provisions of the Agreement.
Qwest shall have the right to determine in its sole discretion whether it will
enter into such a written amendment to the Agreement and shall have no
obligation to enter into such a written amendment to the Agreement. A
CLEC tariff shall not be deemed to be such a written amendment to the
Agreement.
1.4 General Provisions
1.4.1 Each Party may enter into a direct and reciprocal traffc exchange
arrangement with any other Telecommunications Carrier. Neither Party
shall take any actions to prevent the other Party from entering into a direct
and reciprocal traffic exchange arrangement with any other
Telecommunications Carrier.
.1.4.2 Qwest and CLEC understand and agree that CLEC's switches
are not listed in the Local Exchange Routing Guide ("LERG") as the
tandem switches serving the telecommunications carriers for which CLEC
seeks to send Four-Party Transit Traffic to Qwest. Solely for purposes of
Qwest providing Four-Party Transit Traffic Service to CLEC, the Parties
further agree that the routing described in this Amendment is appropriate
between the Parties. CLEC does not waive its right to advocate that
non-LERG routing is appropriate for other traffic types.
1.4.3 Solely with respect to Four-Party Transit Traffic, as defined in this
Amendment, delivered by CLEC to Qwest, notwithstanding any provision in
any third party agreements, Qwest will not claim or assert that the use of
CLEC as a transit provider violates a term of that third party agreement.
1.4.4 Notwithstanding any other provision of the Agreement, each
Party reserves its respective rights to institute an appropriate proceeding
with the FCC, the Commission or other governmental body of appropriate
jurisdiction with regard to the charges for Four-Party Transit Traffic Service
and transit service (including, but not limited to, a proceeding to change
the charges for these services, whether provided for in any of Qwests
Tariffs, this Amendment, or otherwise).
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March 17, 2010/cae/Neutral Tandem/Four-Party Transit Traffic/ID
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