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HomeMy WebLinkAbout20180817Amendment 3.pdf. t t t la'tFrontier REC T IVE t) ?018 AUG t7 Alt t0: 09 21 WestAve Spencerport, NY 14559 COMMUNICATIONS JI SS 0i'{ August 17,2018 VZN-T.Oe*OY Ms. Diane Hanian Commission Secretary IDAHO PUBLIC UTILITIES COMMISSION 472 West Washington Street Boise, lD 83720 Attached please find an original and three (3) copies of the Amendment No. 3 lnterconnection Agreement between Level 3 Communications, LLC and Frontier Communications Northwest lnc. (Frontier). The purpose of the amended filing is to include the correct Amendment No. as shown in Exhibit B of the Amended Agreement. This filing replaces the original filing of August 14,2018. Please direct any questions on this filing to Leslie Zink al (585) 777-4717 , or Leslie.Zink@ftr.com. Sincerely, ,/*{ofr f*",t" Leslie Zink Sr. Manager, Pricing & Tariffs LZ: lms Enclosures AMENDMENT TO THE INTERCONNECTION 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 "Frontie/' or the "Frontier Parties") and each of the Level 3 Communications, LLC wireline competitive local exchange carrier (.CLEC') affiliates (individually and collectively Level 3 or the Level 3 Parties; Frontier and Level 3 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 Level 3 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 (the "Agreement"); and WHEREAS, FCC '1 1 -161 , ('USF/ICC Transformation Orded') 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 willbe 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 Interconnection Aoreements. 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 1 FCC ICC Amendmenl w. All Entities Listed final 09 25 17_signed.doc 1 set forth in Exhibit A to this Amendment. ln the event the rate exchanged with Frontier and Carrier is below $.0007, the Parties agree to continue to exchange Reciprocal Compensation Traffic at the current rate until July 1, 2018 when the rate will drop to bill and keep. 1.1.2 End Office routed ReciprocalCompensation Traffic is currently at bill and keep. 1.2 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/ICC Transformation Order, interexchange VolP-originated traffic terminated to either Party is subject to interstate access charges, and localVolP-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. 1.3 Notices. All notices required under the Amended Agreements 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: Contract Management Frontier Communications 7979 N. Belt Line Road, MC: S1C74 lrving, TX 75063 Email Address: contract.management@ft r. com With a copy to: Legal Department - lnterconnection Frontier Communications 401 Merritt 7 Norwalk, CT 06851 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, however, 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 Caoitalization. Capitalized terms used and not othenrise defined herein have the meanings set forth in the Amended Agreement. 2.3 Countemarts. 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. 2FCC ICC Amendment w. All Entities Listed flnal 09 25 17_signed.doc 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. 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. 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. 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. ISTGNATURE PAGE FOLLOWSI 2.4 2.5 2.6 2.7 2.8 3FCC ICC Amendment w. All Entities Listed final 09 25 17-signed.doc SIGNATURE PAGE lN WITNESS WHEREOF. the Partles hereto have caused this Amendment to be executed as of the Amendment Efiective Oate. THE THE FRONTIER PARTIES By:By:?a z2>*c Printed: Gary Black Title: VP Canier Relations Date:'7/ Printed: Michael Daniel Titls SVP, Canier Services Date:le-1- t7 2017 0{r 20 Fronlior Lsvel3 IGC Amendlpnt_final.doc 1 EXHIBIT A INTERCARRIER COMPENSATION REFORM RATE REDUCTIONS 7t1t2017 $0.0007 Billand Keep 7t1t2018 Billand Keep Billand Keep FCC ICC Amendment w. All Entities Listed final 09 25 l7_signed.doc EFFEGTIVE DATE FRONTIER TANDEM ROUTED 2t01t2001 3Frontier Communications Northwest lnc. Level 3 Communications, LLC OR Frontier Communications Northwest lnc. Level 3 Communications, LLC WA 4t16t1999 5 Frontier Communications Northwest lnc. Level 3 Communications, LLC ID 4t12t2002 3 Frontier Communications of the Carolinas LLC Level 3 Communications, LLC NC 2t14t2001 3 Frontier Communications of the Carolinas LLC Level 3 Communications, LLC SC 4t10t2002 3 Frontier Communications of the Carolinas LLC and Frontier North lnc. Level 3 Communications, LLC IL 4t10t2002 3 Frontier North lnc. and Frontier Midstates lnc. Level 3 Communications, LLC MI 4t01t2002 3 Frontier North lnc. Level 3 Communications, LLC WI 4t12t2002 3 Frontier North lnc. Level 3 Communications, LLC OH 5t15t2002 3 Frontier North lnc. and Frontier Midstates lnc. Level 3 Communications, LLC IN 10t31t2002 3 FrontierWest Virginia lnc. Level 3 Communications, LLC \Aru 4t10t2002 2 Frontier Communications of the Southwest lnc. Level 3 Communications, LLC CA 3/30/1999 7 Frontier Communications of the Southwest lnc. Level 3 Communications, LLC NV 10t0812007 1 Frontier Communications of the Southwest lnc. Level 3 Communications, LLC AZ 10t08t2007 1 EXHIBIT B INTERCONNECTION AGREEMENTS 6FCC ICC Amendment w. All Entities Listed final 09 25 17_signed.doc Frontier Legal Entitv Level 3 Legal Entitv State Agreement Effective Date Amendment No" The Southern New England Telephone Company d/b/a Frontier Communications Level 3 Communications, LLC CT 2t22t2005 1 Frontier Southwest lncorporated Level 3 Communications, LLC TX 3t29t1999 7 Frontier California lnc. Level 3 Communications, LLC CA 3/30/1 999 I Frontier Florida LLC Level 3 Communications, LLC FL 4t1t1999 7 Frontier California lnc. Level3 Telecom of California, LP CA 9t23t1999 8 Frontier Southwest lncorporated Level 3 Telecom ofTexas, LLC TX 9t17t1999 5 Frontier Florida LLC Level3 Telecom of Florida, LP FL 9t27t2000 3 7FCC ICC Amendment w. All Entities Listed final 09 25 17_signed.doc