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HomeMy WebLinkAbout20171211Amendment.pdfCCMMUNICATIONS RE C E IVED 20lI0[c I I At{ il: 52 llJ,'rl;0 FUIII-lC llT lL I il i;5 C0i,i ti{tSSt0NDecember 11,2017 vzN-'T- ot- /I Ms. Diane Hanian Commission Secretary IDAHO PUBLIC UTILITIES COMMISSION 472 W est Washington Street Boise, lD 83720 Attached please find an original and three (3) copies of the Amendment to the lnterconnection Agreement between AT&T Corp., and Frontier Communications Northwest lnc. (Frontier). Please direct any questions on this filing to Leslie Zink at (585) 777-4717, or Leslie.zink@ftr.com. . t t l aa.a Frontier Sincerely, ,rr#r4rf 21 West Ave Spencerport, NY 14559 Leslie Zink Sr. Manager, Pricing & Tariffs LZ: lms Enclosures AMENDMENT TO THE !NTERCONNECTION AGREEMENTS This Amendment (this 'Amendment"), effective as of July 1,2017 (the "Amendment Effective Date"), amends each of the lnterconnection Agreements (each, the "Agreement"; collectively, the "lnterconnection Agreements") by and between each of the Frontier incumbent local exchange carrier ('ILEC') affiliates (individually and collectively "Frontier" or the "Frontier Parties") and each of the AT&T wireline competitive local exchange carrier ('CLEC') affiliates (individually and collectively "AT&T" or the "AT&T Parties"; Frontier and AT&T are hereinafter referred to individually as a "Party" and collectively as the "Parties"). Exhibit B hereto lists, to the best of the Parties' knowledge, the lnterconnection Agreements in effect as of the Effective Date. The term "affiliates,'as used in this Amendment, shall have the same meaning as under Rule 405 of the Rules promulgated pursuant to the Securities Act of 1933, as amended. This Amendment only covers the services addressed herein that Frontier provides in its operating territory in the states listed in Exhibit B. WITNESSETH: WHEREAS, Frontier and AT&T are Parties to an interconnection agreement under Sections 251 and 252 of the Communications Act of 1934, as amended (the "Act"), effective on the date listed in Exhibit B; and WHEREAS, FCC 11-161, ('USF/ICC Transformation Order") released by the Federal Communications Commission ("FCC") on November 18, 201 1, as such order may be revised, reconsidered, modified or changed in the future, orders that Reciprocal compensation rates in this Agreement will be phased down. NOW, THEREFORE, in consideration of the mutual promises contained herein, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: Amendments to lnterconnection Aqreements. The lnterconnection Agreements are amended to incorporate the terms and conditions set forth in this Amendment, all of which shall apply to and be a part of the Agreements (hereinafter referred to as the 'Amended Agreements") notwithstanding any other term or condition of the Amended Agreements or a Frontier Tariff. 1.1 Reciprocal Compensation. As of the Amendment Effective Date, Reciprocal compensation rates in these lnterconnection Agreements will be phased down as provided in the USF/ICC Transformation Order as such order may be revised, reconsidered, modified or changed in the future. For clarity, Reciprocal compensation rates are capped and subject to reductions pursuant to the FCC's Reform Timeline as outlined in paragraph 801 of FCC 11-161, or as such Reform Timeline may be revised, reconsidered, modified or changed in the future. 1.1.1 The FCC Reform Timeline stepped down rates for Reciprocal Compensation Traffic routed through Frontier's tandem(s) to $.0007 This rate will remain in effect until July 1,2018 at which time Reciprocal Compensation Traffic will be reduced to bill and keep as FTR ATT FCC ICC Amend 092017 v2.doc 1. 1 set forth in Exhibit A to this Amendment. ln the event the rate exchanged with Frontier and AT&T is below $.0007, the Parties agree to continue to exchange Reciprocal Compensation Traffic at the current rate untilJuly 1, 2018 when the rate willdrop to billand keep. 1.1.2 End Office routed ReciprocalCompensation Traffic is currently at bill and keep. VolP Traffic. As of the Amendment Effective Date, VolP Traffic exchanged pursuant to these lnterconnection Agreements will be governed by the default provisions of USF/ICC Transformation Order. For clarity, and subject to any future revisions, reconsiderations, modifications or changes in the USF/lCC Transformation Order, interexchange VolP-originated traffic terminated to either Party is subject to interstate access charges, and local VolP-originated traffic terminated to either Party is subject to the reciprocal compensation provisions of the Amended Agreements. The Parties agree access charges will comply with all FCC mirroring and default phase-down requirements. Notices. All notices required under the Amended Agreements for Frontier and AT&T 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: To Frontier: Contract Management Frontier Comm unications 7979 N. Belt Line Road, MC: S1C74 lrving, TX 75063 Email Address: contract.management@ftr.com With a copy to: Legal Department - I nterconnection Frontier Comm unications 401 Merritt 7 Norwalk, CT 06851 To AT&T 1 AT&T Way Room 4A105 Bedminster, NJ 07921 Aftn : Director Financial Analysis Phone: 908-234-3707 Email: dh6491@att.com With a copy to: AT&T Services, lnc. LegalDepartment 208 South Akard Dallas, TX 75202 Attn: lnterconnection Agreement Counsel Fax: 214-746-2214 1.2 1.3 2FTR ATT FCC ICC Amend 092017 v2.doc 2. Miscellaneous Provisions 2.1 Conflict Between this Amendment and the lnterconnection Aqreements. This Amendment shall be deemed to revise the terms and conditions of the lnterconnection Agreements 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 any of the lnterconnection Agreements, this Amendment shall govern; provided, howevel that the fact that a term or condition appears in this Amendment but not in an lnterconnection Agreement, or in an lnterconnection 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 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 lnterconnection Agreements 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 lnterconnection Agreements shall remain in full force and effect after the Amendment Effective Date. For the avoidance of any doubt, nothing in this Amendment shall be deemed to amend or extend the term of the Amended Agreement, or to affect the right of a Party to exercise any right of termination it may have under the Amended Agreement. 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. [SIGNATURE PAGE FOLLOWSI 3FTR ATT FCC ICC Amend 092017 v2.doc SIGNATURE PAGE lN WITNESS WHEHEOF, the Partles.hereto have caused this Amendment to be executed as of the Amendment Eflective Date. THE AT&T PARNES THE FRONTIER PARTIES By:-^By: Print6d: David Handal Ti[e: Canier Relatlons Dkector Date: PrlnM: Mlcfiael Daniel Tlte: SVP. CanlerServlcee //- z3 - /?Dat€: FTR ATT F(ic t@ Amend 092017-'/2 I l-s-17 4 EXHIBIT A INTERCARRIER COMPENSATION REFORM RATE REDUCTIONS 5 7t1t2017 $0.0004 Bill and Keep 711t2018 Billand Keep Billand Keep FTR ATT FCC ICC Amend 092017 v2.doc EFFECTIVE DATE FRONTIER END OFFICE ROUTED EXHIBIT B INTERCONNECTION AGREEM ENTS Frontier Legal Entitv State Agreement Effective Date Amendment No. Frontier California lnc.AT&T Corp.California 1t23t97 11 Frontier Communications of the Southwest lnc. AT&T Corp California 1t23t97 11 Frontier California lnc. Teleport Communications America, LLC California 6/1 0/98 I Frontier Communications of the Southwest lnc. Teleport Communications America, LLC California 6/1 0/98 I The Southem New England Telephone Companv AT&T Corp.Connecticut 8t27t07 1 The Southern New England Telephone Company Teleport Communications America, LLC Connecticut 8127t07 1 Frontier Florida LLC AT&T Corp.Florida 811t97 7 Frontier Florida LLC Teleport Communications America, LLC Florida 3/6/98 6 Frontier Northwest lnc.AT&T Corp.ldaho 7110t01 3 Frontier Communications of the Carolinas LLC and Frontier North lnc. AT&T Corp lllinois 6t28t1999 5 Frontier Communications of the Carolinas LLC and Frontier North lnc. Teleport Communications America, LLC lllinois 6t2t04 3 Frontier North lnc. and Frontier Midstates lnc. AT&T Communications of lndiana LLC lndiana 11124t99 3 Frontier North lnc and Frontier Midstates lnc. Teleport Communications America, LLC lndiana 5t21t03 3 Frontier North lnc. and Frontier Midstates lnc. AT&T Corp.Michigan 8/3/99 5 Frontier North lnc. and Frontier Midstates lnc. Teleport Communications America, LLC Michigan 11t24t1999 5 Frontier Communications of the Carolinas LLC AT&T Corp North Carolina 2t9t99 3 FTR ATT FCC ICC Amend 092017 v2.doc AT&T Legal Entity 6 Frontier Legal Entity AT&T Legal Entity State Amendment No. Frontier Communications of the Carolinas LLC Teleport Communications America, LLC South Carolina 10t7t05 2 Frontier Communications of the Carolinas LLC Teleport Communications America, LLC North Carolina 12t8t00 3 Frontier North lnc.AT&T Corp Ohio 12t30t98 5 Frontier North lnc. Teleport Communications America, LLC Ohio 6t2t04 3 Frontier Communications Northwest lnc. AT&T Corp Oregon 1t27199 4 Frontier Communications Northwest lnc. Teleport Communications America, LLC Oregon 4t23t99 4 Frontier Communications of the Carolinas LLC AT&T Corp South Carolina 7t14t00 3 Frontier Southwest lncorporated AT&T Communications of Texas, LLC Texas 6t6t97 5 Frontier Southwest lncorporated Teleport Communications America, LLC Texas 2t20t98 5 Frontier Communications Northwest lnc. AT&T Corp.Washington 9t25t',t997 5 Frontier Communications Northwest lnc. Teleport Communications America, LLC Washington 4t21t99 4 Frontier West Virqinia lnc.AT&T Corp.West Virqinia 2110t99 b Frontier West Virginia lnc. Teleport Communications America, LLC West Virginia 6t15t02 6 Frontier North lnc AT&T Corp.Wisconsin 2t5t1999 3 Frontier North lnc Teleport Communications America, LLC Wisconsin 11t24t03 3 7FTR ATT FCC ICC Amend 092017 v2.doc Agreement Effective Date