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HomeMy WebLinkAbout20140613Amendment.pdf4*fu'W* Kim Douglass Manager Compliance - Regulatory Affairs Enclosures {f, f: n I; i !,i i-. l-}l aL q./ r,,- r f i_ {,/ ?0ll{ JU}d l3 Pl{ 12: L0 .l.rart.r ..?j-L: rraIiji\i-i{-r i- I I i':; i i.: uT I LlTi HS C0e,l h,4 rS$iOiq Jwe 12,2014 Ms. Jean Jewell, Secretary Idaho Public Utilities Commission P.O. Box 83720 Boise, lD 83720-0074 Re: VZN-T-01-01 - AmendmentNo. 1 to the Interconnection Agreement between Frontier Communications Northwest Inc. flWa Verizon Northwest Inc. and Inland Cellular LLC (dlbla Inland Cellular) f/k/a Washington RSA No. 8 Limited Partnership dlblalnland Cellular Dear Ms. Jewell: Attached for filing and approval are one original plus three copies of Amendment No. 1 to the Interconnection Agreement between Frontier Communications Northwest Inc. fMa Verizon Northwest Inc. and Inland Cellular LLC (dlbla Inland Cellular) f/k/a Washington RSA No. 8 Limited Partnership dlb I a lnland Cellular. Please call me at (972) 908-4415 if you have any questions. Sincerely, 805 Central Expresswal' South Suite 200 Allen, Texas 75013 Phone 972-908-44 I 5 Fal<214-3832737 Email: kimberly.a.douglass@ftr.com RHCf,1t'Ii] 201! JUH l3 Plt l2r t+0 uT r Lrfi ft fri,iM ui, " *, o,', AMENDMENTNO.{{) TO THE INTERCONNECTION AGREEMENT BETWEEN FRONTIER COMMUNIGATIONS NORTHWEST INC. F/K/A VERIZON NORTHWEST INC. AND INLAND CELLULAR LLG (d/b/a INLAND CELLULAR)f/Ua WASHINGTON RSA NO.8 LIMITED PARTNERSHIP d/b/a INLAND CELLULAR This Amendment No. 1 (this "Amendment') shall be deemed effective on January 1,2014 (the "Amendment Effective Date") by and between Frontier Communications Northwest lnc. f/k/a Verizon Northwest lnc., ("Frontier"), a Washington corporation with offices at 180 S. Clinton Avenue, Rochester, NY, 14646, and lnland Cellular LLC (d/b/a lnland Cellular), a Washington limited liability company, f/Ua Washington RSA No. 8 Limited Partnership (d/b/a lnland Cellular) with offices at 103 S. 2n0 Street, Roslyn, WA 98941. Frontier and lnland Cellular 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 for the state of ldaho. (the "State"). WITNESSETH: WHEREAS, Frontier and lnland Cellular are Parties to an interconnection agreement under Sections 251 and 252 of the Communications Act of 1934, as amended (the "Act") dated December 27,2000 (the "Agreement"); and NOW, THEREFORE, in consideration of the mutualpromises 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") notwithstanding any other term or condition of the Amended Agreement, a Frontier Tariff or a Frontier Statement of Generally Available Terms and Conditions ("SGAT"). 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 etfect 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 govem; provided, however, that the fact that a term or condition appears in this Amendment but not in the Agreemeni, or in the Agreement but not in this Amendment, shall not be 2.3 interpreted as, or deemed grounds for finding, a conflict for purposes of this Section 2. Caoitalization. Capitalized terms used and not otherwise defined herein have the meanings set forth in the Amended Agreement. 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. 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. 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 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. Amendments. No amendments or modifications shall be made to this Amendment unless in writing and signed by appropriate representatives of the Parties. Wai)/ers. 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. 2.5 3. lntraMTA Traffic. Reciprocal compensation rates in this Agreement will be reduced or eliminated as provided in the USFI/CC Transformation Order FCC 11-161 (rel. November 18, 2011) andin FCC 11-189 Orderon Reconsideration (rel. December23,2011) as such order may be stayed, revised, reconsidered, changed or modified. When any such stay, revlsion, reconsideration, change or modification is effective, such action will be automatically incorporated into this Agreement. For clarity, reciprocal compensation, 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 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 2.2 24 2.6 2.7 2.8 To Frontier: To Frontier: Frontier Communications Attn: Director, Business Operations - Carrier Services 180 S. Clinton Ave Rochester, NY, 14646 l/Uith Copy to: Frontier Communications Attn: Legal Department - lnterconnection 3 High Ridge Park Stamford, CT 06905 To lnland Cellular: lnland Cellular LLC Attn: Buslness Operations lf by USPS: P.O. Box 688 Roslyn, WA 98S41 lf by delivery service: 103 S. 2nd Street Roslyn, WA 98941 lN WITNESS WHEREOF, the Parties hereto have caused this Amendment to be executed as of the Amendment Effective Date. lnland Cellular LLC (d/b/a lnland Cellular) Title: Treasurer/Controller Date; Januarv 30, 2014 Printed:Steohen LeVan Title: SVP. Carrier Sales and Service oate: A-28 -t1