20040126Amendment2.pdf

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January 23 2004
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. UTJLI ii__;) CUf'ji-iiSSION
17933 N.w. Evergreen Pkwy
O. Box 1100
Beaverton , OR 97076
Ms. Jean Jewell
Idaho Public Utilities Commission
472 W. Washington
Boise, ill
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RE: Amendment 2 To MCImetro Access Transmission Services LLC agreement with
Verizon Northwest Inc.
Dear Ms. Jewell
Enclosed for Commission approval is the original and three copies of Amendment 2 to
the Interconnection Agreement between MCImetro Access Transmission Services LLC
and Verizon Northwest Inc. Please call me at [phone] if you have any questions.
LuL. Renee Willer
Verizon Northwest Inc.
Enclosures
PECEIYED (KJ
AMEND:MENT FiLED
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INTERCONNECTION AGREEN&~COi-H'IISSiON
THIS AMENDMENT (this "Amendment"), effective as of December 1 2003 (the
Effective Date ), amends each of the Interconnection Agreements listed in Exhibit A
hereto (the "Interconnection Agreements ), and is made by and between each of the
Verizon incumbent local exchange carriers (indi viduall y and collecti vel y "Verizon" or
the "Verizon Parties ) and each of the MCI competitive local exchange carriers
CLECs ) that is a party to an Interconnection Agreement with V erizon (individually
and collectively "MCI" or the "MCI Parties ), all as shown in Exhibit A. Verizon and
MCI are referred to herein individually as a "Party" and collectively as the "Parties
Defined terms are addressed in Section 4 hereof.
WITNESSETH:
WHEREAS, MCI, pursuant to its plan of reorganization recently confirmed and
approved by the United States Bankruptcy Court for the Southern District of New York
(the "Bankruptcy Court") in the cases jointly administered under Case No. 02-13533
(AJG), is in the process of consolidating its various competitive local exchange carrier
entities in each state; and
WHEREAS, the Parties collectively have engaged in negotiations, pursuant to a
settlement agreement between the Parties that was approved by the Bankruptcy Court on
July 29, 2003, to resolve their outstanding disputes pertaining to intercarrier
compensation and wish to establish uniform terms governing intercarrier compensation
arrangements for certain traffic exchanged between the Parties on and after the Effective
Date, and to address certain closely related matters, including related interconnection
obligations; and
WHEREAS the Parties have agreed to establish a new unitary intercarrier
compensation rate that is derived from a blending of existing Reciprocal Compensation
rates and the FCC's interim rate structure for ISP-Bound Traffic as set forth in the Order
on Remand assuming a reasonable time period for implementation of the Order on
Remand and the Parties' current volumes of robust exchange of both Reciprocal
Compensation Traffic and ISP-Bound Traffic; and
WHEREAS, the Parties wish to amend all of the Interconnection Agreements to
effectuate the foregoing, and for the ease of administration, have elected to do so through
this single Amendment.
NOW, THEREFORE in consideration of the mutual promises hereinafter set
forth the receipt and sufficiency of which are hereby acknowledged, the Parties agree as
follows:
Amendment to VerizonIMCI Interconnection Agreements (December 1 2003)
Unitary Intercarrier Compensation Rates.
The Parties' agreement to the terms of this Section 1 was expressly conditioned upon
their agreement to the terms of Sections 2 and 3 hereof (and, similarly, the availability of
the terms of this Section 1 to any carrier adopting this Amendment would also be
expressly conditioned upon such adopting carrier s agreement to those other terms of this
Amendment as well). Notwithstanding any other provision in the Interconnection
Agreements, in any tariff or Statement of Generally Available Terms ("SGA T"), or under
Applicable Law (including, without limitation, any change to Applicable Law effected
after the Effective Date):
(a) Commencing upon the Effective Date, and continuing prospectively for
the applicable time periods described below , when Applicable Traffic is originated by the
Customer of a Party on that Party s network (the "Originating Party ) and delivered to
the other Party (the "Receiving Party for delivery to a Customer of the Receiving Party,
within thirty (30) days following receipt of an appropriate invoice from the Receiving
Party, the Originating Party shall pay intercarrier compensation to the Receiving Party on
an equal and symmetrical basis at the applicable intercarrier compensation rate set forth
below (the "Unitary Rate ) for each Minute of Use ("MOU") of Applicable Traffic
delivered by the Originating Party to the Receiving Party:
(i)
(ii)
(iii)
For the period beginning on the Effective Date and ending June 13, 2004
the Unitary Rate shall be the blended rate that results from the blending
methodology described in Part 1 of Exhibit B; provided, however that in
no event shall the Unitary Rate during this period exceed a cap of $.00165
per MOU; and
For the period beginning three (3) years from the effective date of the
Order on Remand (that is, on June 14, 2004) and ending June 13 , 2005
the Unitary Rate shall be the blended rate that results from the blending
methodology described in Part 2 of Exhibit B; provided, however that in
no event shall the Unitary Rate during this period exceed a cap of $.00120
per MOU; and
For the period beginning four (4) years from the effective date of the
Order on Remand (that is, on June 14, 2005) and ending June 13, 2006
the Unitary Rate shall be the blended rate that results from the blending
methodology described in Part 3 of Exhibit B; provided, however that in
no event shall the Unitary Rate during this period exceed a cap of $.00070
per MOU;
provided, however that the foregoing Unitary Rates shall apply as between any Verizon
Party and any MCI Party only on the express (and nonexclusive) condition that all MCI
Parties and all Verizon Parties are and remain bound by the terms of this Amendment
with respect to the exchange of Applicable Traffic between any Verizon Party and any
Amendment to VerizonIMCI Interconnection Agreements (December 1 2003)
MCI Party; and provided further that if the ratio of MOUs of (A) all Applicable Traffic
originated on the networks of all the Verizon Parties and delivered to all of the MCI
Parties, on an aggregated basis across all state jurisdictions, to (B) all Applicable Traffic
originated on the networks of all the MCI Parties and delivered to all of the Verizon
Parties, on an aggregated basis across all state jurisdictions (the "Aggregated Traffic
Ratio ), in any ninety (90) day period during the timeframe beginning on the Effective
Date and ending on June 13 , 2006 (or ending on any date after June 13, 2006 on which'
this Amendment remains in effect, if this Amendment remains in effect after June 13
2006) is equal to or greater than nine (9) to one (1), the Unitary Rate in all jurisdictions
for all Applicable Traffic above a six (6) to one (1) Aggregated Traffic Ratio shall be
zero from the first day of that ninety (90) day period through the last day that this
Amendment remains in effect (i., compensation for Applicable Traffic up to and
including a six (6) to one (1) Aggregated Traffic Ratio shall be at the then applicable
Unitary Rate during such period, and compensation for Applicable Traffic above a six (6)
to one (1) Aggregated Traffic Ratio shall be subject to "bill and keep" during such
period); and provided further that the foregoing Unitary Rates shall apply only on the
express (and nonexclusive) condition that the Aggregated Traffic Ratio for the quarter
ending thirty (30) days prior to the Effective Date (or, in the case of a carrier adopting the
terms of this Amendment, the quarter ending thirty (30) days prior to the effective date of
any such adoption) shall not be equal to or greater than three (3) to one (1); and provided
further that in no case shall the Unitary Rate, for any monthly billing period, be greater
than Verizon s nationwide, weighted averaged rate for the tariffed interstate access
terminating local switching element in effect in each jurisdiction (i., in each state or the
District of Columbia) for such month (such average to be weighted based on the number
of MOUs, by jurisdiction, used for the calculations in Exhibit B hereto); and provided
further that the foregoing Unitary Rates shall apply only on the express condition that
there are no outstanding billing disputes as of the Effective Date between the Parties for
charges assessed by either Party with respect to Applicable Traffic or other traffic
addressed in this Amendment (e., Type 2 VOIP Traffic) (or, in the case of a carrier
adopting the terms of this Amendment, that there are no outstanding billing disputes
between Verizon and such carrier or one of its CLEC affiliates, as of the effective date of
any such adoption, for charges assessed by Verizon or that carrier or one of its CLEC
affiliates with respect to Applicable Traffic or other traffic addressed in this
Amendment); and provided further should a Party not begin to exchange traffic with the
other Party in a particular jurisdiction until after the Effective Date, the Parties shall
apply the Unitary Rate in effect at the time they begin to exchange traffic, as shown in the
table above. (By way of example, if a Verizon Party and an MCI Party (or any CLEC
adopting this Amendment pursuant to 47 U.c. ~ 252(i)) do not begin to exchange
traffic under this Amendment until August, 2005 , the applicable Unitary Rate shall be the
blended rate that results from the blending methodology described in Part 3 of Exhibit B
subject to the rate cap of $.0007 per MOU and the other terms of this Amendment.)
(b) For the purpose of calculating the Aggregated Traffic Ratio, MOUs of
Applicable Traffic exchanged between Verizon and MCI over UNE-P lines provided to
MCI by Verizon shall be included in such calculation. Specifically: (i) MOUs originated
by MCI over a UNE-P line shall be as measured by Verizon; (ii) MOUs originated by
Amendment to VerizonIMCI Interconnection Agreements (December 1 , 2003)
Verizon Customers and delivered to MCI UNE-P lines are not being measured
Verizon as of the Effective Date; and (iii) until such time as Verizon, in its sole
discretion, elects to provide actual measurement of MOUs originated by Verizon
Customers and delivered to MCI UNE-P lines , the Parties shall assume that the ratio of
MOUs originated on MCI UNE-P lines to MOUs received by MCI on such UNE-P lines
is 1: 1.
(c) For the avoidance of doubt, (i) traffic originated by MCI over Verizon-
provided UNE-P lines and delivered by Verizon to third party carriers served by other
Verizon-provided UNE-P lines, (ii) traffic originated by MCI over Verizon-provided
UNE-P lines and delivered by Verizon to third party carriers utilizing their own switches
(i., facilities-based carriers) and (iii) traffic originated by Customers of third party
carriers and delivered via the network facilities of either Party to the other Party, shall not
be subject to the Unitary Rates set forth in this Amendment; provided, however, the
terms, if any, contained in the Interconnection Agreements with respect to the foregoing
types of traffic shall not be superseded, amended or affected by this subsection (c).
(d) The Parties anticipate that the terms set forth in this Amendment will
greatly reduce (if not eliminate) the incidence of billing disputes between them with
respect to Applicable Traffic and other traffic addressed in this Amendment (e., Type 2
VOIP Traffic). If, nonetheless, a good faith dispute arises with respect to any amounts
billed by a Party to the other Party for Applicable Traffic or other traffic addressed under
the terms of this Amendment, the billed Party shall notify the billing Party in writing of
such good faith dispute as soon as reasonably possible after the billed Party is aware of
such dispute, and shall pay the disputed charges pending resolution of the dispute;
provided, however that the billed Party may withhold payment of any charges or
category of charges billed in a given month that exceed one hundred, thirty-five percent
(135%) of the three (3) prior months' average monthly non-disputed billings, provided it
has a good faith basis for disputing such excess charges; and provided further that where
(i) the billed Party has disputed a particular charge or category of charges in good faith
for at least three (3) prior months, (ii) has paid such disputed charge or category of
charges in accordance with the foregoing provisions, and (iii) has initiated dispute
resolution in accordance with the terms of the relevant Interconnection Agreement(s), the
billed Party may withhold further payment of such disputed charge or category of charges
pending such dispute resolution. Both Parties shall use their commercially reasonable
best efforts to promptly resolve any and all such billing disputes, and the billing Party
shall promptly credit (and/or pay, as applicable) any amounts due to the billed Party upon
dispute resolution and, conversely, the billed Party shall promptly pay any amounts due
to the billing Party upon dispute resolution. Notwithstanding any other provision of the
Interconnection Agreements, the disputing Party may proceed directly to the dispute
resolution mechanism set forth in the Interconnection Agreement (e.arbitration), and
shall not be obligated to take any other preliminary steps that otherwise may be called for
under the terms of the relevant Interconnection Agreement(s) (e.without the need to
escalate or mediate the dispute, wait a set number of days before making a claim, etc.
Neither the withholding of payment nor the payment of disputed charges in accordance
herewith shall constitute a waiver of either Party s right to dispute the matter or to pursue
Amendment to VerizonIMCI Interconnection Agreements (December 1,2003)
other remedies at law, or be given any evidentiary weight as to the merits of the dispute.
(e) The Originating Party shall take steps to ensure that all calls (including
VOIP Traffic) originated by its Customers (each a "Calling Customer ) include any
Charge Number, Calling Party Number ("CPN"), Automatic Number Identifier or similar
signaling parameters intended to identify the Calling Customer ("Call Records ) and that
such Call Records are transmitted intact to the Receiving Party and to any intermediate
service provider carrying these calls, as applicable. The Receiving Party shall use such
Call Records to determine the proper jurisdictional nature of the call, in accordance with
the terms of this Section 1. Except as may be required by Applicable Law or as may be
agreed upon in writing by the Parties (any such agreement not to be unreasonably
withheld), the Originating Party shall not (i) to the extent technically feasible, remove
such Call Records, (ii) alter or replace such Call Records, or (iii) insert or add any Call
Record information (such as Charge Number) that does not correspond to the local
calling area of the Calling Customer. Neither Party shall knowingly and intentionally (a)
strip or alter Call Records to disguise the jurisdiction of a call or (b) permit third parties
to do so for a Party s originated traffic. Inserting a billing telephone number ("BTN") or
other designation that accurately reflects the jurisdiction of the call from the Originating
Party s Customer shall not constitute a violation of the foregoing.
(D For billing purposes, each Party shall pass CPN information on each call
delivered to the other Party. The Receiving Party shall bill the Originating Party the
then-current Unitary Rate, intrastate switched exchange access service rates, or interstate
switched exchange access services rates applicable to each relevant minute of traffic for
which CPN is passed, as provided in this Amendment, the Interconnection Agreements or
the Receiving Party s applicable tariffs.
(g) If, under the circumstances set forth in subsection (D directly above, the
Originating Party does not pass CPN on up to (but not more than) ten percent (10%) of
calls, the Receiving Party shall bill the Originating Party the then-current Unitary Rate
intrastate switched exchange access services rates, or interstate switched exchange access
services rates applicable to each relevant minute of traffic, as provided in this
Amendment, the Interconnection Agreements or the Receiving Party s applicable tariffs
for which CPN is passed. For the remaining calls (i.e., the calls without CPN
information), the Receiving Party shall bill the Originating Party for such traffic at the
then-current Unitary Rate, intrastate switched exchange access services rates, or interstate
switched exchange access services rates applicable to each relevant minute of traffic, as
provided in this Amendment, the Interconnection Agreements and the Receiving Party
applicable tariffs, in direct proportion to the minutes of use of calls passed with CPN
information.
(h) If the Originating Party fails to pass CPN on at least ninety percent (90%)
of calls, the Receiving Party shall bill the Originating Party the then-current Unitary Rate
intrastate switched exchange access services rates, or interstate switched exchange access
services rates applicable to each relevant minute of traffic, as provided in this
Amendment, the Interconnection Agreements or the Receiving Party s applicable tariffs
Amendment to VerizonIMCI Interconnection Agreements (December 1 2003)
for which CPN is passed. For the remaining calls (i., the calls without CPN
information), the Receiving Party shall bill the Originating Party for such traffic as
follows: (i) for calls without CPN information comprising up to (but not exceeding) ten
percent (10%) of all calls, the Receiving Party shall bill the Originating Party for such
traffic at the then-current Unitary Rate, intrastate switched exchange access services
rates, or interstate switched exchange access services rates applicable to each relevant
minute of traffic, as provided in this Amendment, the Interconnection Agreements and
the Receiving Party s applicable tariffs, in direct proportion to the minutes of use of calls
passed with CPN information; and (ii) for the remaining calls without CPN information
the receiving Party shall bill the higher of its interstate switched exchange access services
rates or its intrastate switched exchange access services rates for such traffic, unless the
Parties agree that other rates should apply to such traffic.
(i) If the Receiving Party lacks the ability to use CPN information to classify
on an automated basis traffic delivered by the other Party as either Applicable Traffic or
toll traffic, the Originating Party will supply an auditable Percent Local Usage (PLU)
report quarterly, based on the previous three (3) months' traffic, and applicable to the
following three (3) months' traffic. If the Originating Party also desires to combine
interstate and intrastate toll traffic on the same trunk group, it will supply an auditable
Percent Interstate Usage (Pill) report quarterly, based on the previous three (3) months
terminating traffic, and applicable to the following three (3) months' traffic. In lieu of
the foregoing PLU and/or Pill reports, the Parties may agree to provide and accept
reasonable surrogate measures for an agreed-upon period.
U) Measurement of billing minutes for purposes of determining terminating
compensation shall be in conversation seconds. The Parties agree that, in addition to any
applicable audit provisions in their Interconnection Agreements, each Party shall have the
right to conduct, at its own cost, periodic (but in any case no more frequent than semi-
annual) audits, on commercially reasonably terms and conditions, with respect to billings
sent in connection with this Amendment; and the other Party agrees to reasonably
cooperate with any such audits.
(k) Notwithstanding any provision in the Interconnection Agreements, this
Amendment or a tariff, Verizon shall not charge MCI a UNE terminating local switching
rate element for calls originated by a Verizon Customer that Verizon delivers to MCI for
an MCI UNE-P Customer; nor shall MCI charge Verizon the Unitary Rate, Reciprocal
Compensation charges or any other charges with respect to such calls.
VOIP Traffic.
Notwithstanding any other provision in the Interconnection Agreements, in any tariff or
SGAT, or under Applicable Law (including, without limitation, except as set forth in the
last sentence of this section, any change to Applicable Law effected after the Effective
Date), the Parties agree that, for purposes of this Amendment only: (i) VOIP Traffic shall
be considered to be Telecommunications Traffic, and not Information Services Traffic; (ii)
VOIP Traffic that is delivered to the Receiving Party with a CPN (or other accurate Call
Record information) that is associated with an exchange outside the Verizon local calling
Amendment to VerizonIMCI Interconnection Agreements (December 1 , 2003)
area in which the Customer of the Receiving Party is physically located ("Type 2 VOIP
Traffic ) shall not be subject to the Unitary Rates set forth in Section 1 above, but shall
instead be subject to the Receiving Party s applicable switched access rates; (iii) VOIP
Traffic that is delivered to the Receiving Party with a CPN (or other accurate Call Record
information) that is associated with the same local calling area (or the same LATA, in the
case of the state of New York, so long as LATA-wide reciprocal compensation is required
by the New York Public Service Commission) in which the Customer of the Receiving
Party is physically located ("Type 1 VOIP Traffic ) shall be subject to the Unitary Rates
set forth in Section 1 above; and (iv) VOIP Traffic that is delivered to the Receiving Party
without CPN (or other accurate Call Record information) shall be subject to the provisions
of Sections 1(0-1(j). Notwithstanding anything in this Section 2, if, after the Effective
Date, the FCC or Congress promulgates an effective and unstayed law, rule or regulation
or a court of competent jurisdiction issues an effective and unstayed nationally-effective
order, decision, ruling, or the like regarding VOIP Traffic, the Parties will adhere to the
relevant portions (i., those relating to the regulatory classification of or, compensation for
VOIP Traffic generally or any category of VOIP Traffic) of such legally effective and
unstayed rule, regulation, order, decision, ruling or the like as soon as it becomes legally
effective.
Points of Interconnection.
Notwithstanding any other provision in the Interconnection Agreements, any applicable
tariff or SGAT, or under Applicable Law, this Section 3 shall set forth the Parties
respective rights and obligations with respect to interconnection architecture; provided
however, that if, (a) pursuant to the fourth proviso of Section lea) of this Amendment, the
Unitary Rates are capped by a change in the tariffed interstate access terminating local
switching element and (b) the FCC or Congress promulgates an effective and unstayed
law, rule or regulation, or a court of competent jurisdiction issues an effective and
unstayed, nationally-effective order, decision, ruling, or the like regarding network
architecture in conjunction with reduced interstate access rates, (i) either Party may put
on hold the construction of new interconnection facilities required by this Section 3 and
(ii) the Parties shall promptly negotiate amendments reflecting and transitioning to the
newly prescribed network architecture.
(a) Mutual points of interconnection ("POls ) in each LATA in which one (or
both) of the Parties originates Applicable Traffic for delivery to the other Party shall be
established as set forth in this Section 3.
(i) MCI shall establish at least one mutual POI (i., a technically
feasible point at which each Party delivers its originating traffic to the other Party) on
Verizon s network in each of the Verizon Tandem serving areas in which MCI assigns
to its end user Customers its own or ported telephone numbers. In addition, in each
LATA with two (2) or more Verizon Tandems, MCI shall promptly establish additional
mutual POles) once the total volume of Applicable Traffic originated by the Parties in a
Verizon Tandem serving area reaches or exceeds the level of two (2) DS1s during any
Amendment to VerizonIMCI Interconnection Agreements (December 1, 2003)
month, provided that until such time, MCI shall hand off direct non-switched trunk
groups to Verizon at the nearest Verizon Tandem (in such LATA) where MCI has
assigned telephone numbers (and Verizon shall provide transport between such Verizon
Tandem and the terminating Verizon Tandem at no charge to MCI, provided that where
MCI has as of the Effective Date existing (or adds thereafter) transport facilities to the
terminating Verizon Tandem, MCI shall utilize those facilities until such time as MCI
establishes the mutual POI at the relevant Verizon Tandem). If Verizon s deployment
of a logical Tandem (i.e., a Tandem using voice over ATM technology) in a LATA
results in an increase in the number of Tandems in that LATA, such deployment shall
not result in a requirement for MCI to establish an additional mutual POI in such
LATA; provided, however, in such case MCI shall nonetheless fulfill the direct routed
trunk group obligations set forth above. Each POI shall be at a technically feasible point
in the relevant Verizon Tandem Wire Center, unless otherwise agreed to in writing by
the Parties.
(ii) In any Verizon Tandem serving area in which MCI does not assign
its own or ported telephone numbers MCI shall deliver Applicable Traffic for
termination to Verizon at a technically feasible POI at the terminating Verizon Tandem
or End Office Wire Center.
(iii) In any LATA in which there are fewer than two (2) Verizon
Tandems, then in addition to the mutual POI at the Verizon Tandem Wire Center
additional mutual POls shall be established at such Verizon End Office Wire Centers
mutually agreed to in writing by the Parties. The LATAs in which, as of the Effective
Date, Verizon has fewer than (2) Tandems, include, without limitation, the LA T As set
forth in Exhibit C.
(iv) For those Verizon End Offices that subtend a third party Tandem
Verizon may elect to designate the third party Tandem as the relevant mutual POI and
if Verizon does not do so, MCI shall designate a technically feasible point on the
Verizon network in the relevant Tandem serving area, as the relevant mutual POI, and
shall hand off direct non-switched trunks to relevant Verizon End Offices at that mutual
POI.
(b) From and after the Effective Date, in any LATA where the Parties have
not yet established mutual POls as described in Section 3(a), MCI shall not bill (and
Verizon shall not have an obligation to pay) any fees, charges or the like (including,
without limitation, any transport charges) with respect to such arrangements.
(c) Subject to subsections (e) and (f) directly below, neither Party may charge
(and neither Party shall have an obligation to pay) any fees, charges or the like
(including, without limitation, any transport charges), with respect to Applicable Traffic
that either Party delivers at a mutual POI, other than the Unitary Rates for Applicable
Traffic.
(d)If the Applicable Traffic destined for an End Office exceeds the CCS
Amendment to VerizonIMCI Interconnection Agreements (December 1, 2003)
busy hour equivalent of two (2) DSls, Verizon may request, and MCI shall order, Direct
End Office Trunks ("DEOTs ) to that End Office. Verizon shall provide the DEOT
facilities between the mutual POI and the Verizon End Office at no additional charge to
MCI. MCI shall be responsible for ordering and providing such DEOTs between the
mutual POI and the MCI switch at no additional charge to Verizon. After initially
establishing DEOTs pursuant to this subsection, traffic routed to this End Office will be
allowed to overflow to the Tandem not to exceed the CCS busy hour equivalent of one
(1) DS 1.
(e) In those LA T As in which the Parties have previously established
interconnection at POls and/or are using interconnection transport and trunking
architectures other than as set forth pursuant to the terms of Section 3(a), either Party
may require the other Party, via written notice to the other Party, to bring such pre-
existing interconnection arrangements into compliance with the terms of Section 3(a)
through either of the following methods:
(i) Within a commercially reasonable time following the foregoing
notice (not to exceed six (6) months after the date of such notice unless otherwise
agreed in writing by the Parties), the Parties shall negotiate in good faith and implement
a physical migration of the pre-existing arrangements to the terms prescribed herein; or
(ii) In lieu of requiring physical rearrangements of pre-existing
facilities, or where the physical rearrangement has not been completed, within six (6)
months following such notice, the Parties shall implement a billing arrangement
pursuant to which MCI shall pay Verizon for the transport (and entrance facilities if
provided by Verizon) between each Verizon Tandem (or other designated POls at
Verizon End Offices in LA T As with less than two (2) Verizon Tandems) and the hand
off to or from MCI at the MCI switch or other location, at the applicable Verizon
intrastate access rates and charges; provided, however, that so long as Verizon may be
required by Applicable Law to provide interconnection transport facilities between any
specific Verizon Central Offices at TELRIC-based rates and charges, Verizon shall do
so (and, if not so required under Applicable Law, Verizon shall provide the transport
facilities between such Central Offices at the applicable Verizon intrastate access rates
and charges).
With respect to subsection (i) directly above, each Party shall bear its own costs with
respect to any such migration; the Parties will coordinate any such migration, trunk
group prioritization, and implementation schedule; and Verizon agrees to develop a
cutover plan and to project manage the cutovers with MCI participation and agreement.
(f) MCI may apportion spare capacity on existing access entrance facilities
(and/or transport where applicable) purchased by MCI between the relevant mutual POls
and/or the MCI switch as described in this section 3; however, any such apportionment
shall not affect the rates or charges applied to the relevant facilities.
(g)
Subject to written agreement of the Parties, MCI may designate an MCI
Amendment to VerizonIMCI Interconnection Agreements (December 1 , 2003)
collocation space(s) (at a Verizon Wire Center) as an additional mutual POles) within a
given Tandem serving area.
Defined Terms.
Notwithstanding anything to the contrary in the Interconnection Agreements, in any
applicable tariff or SGAT, or under Applicable Law (including, without limitation, a
change to Applicable Law effected after the Effective Date), the terms defined in this
Section (or elsewhere in this Amendment) shall have the respective meanings set forth
this Amendment. A defined term intended to convey the meaning stated in this
Amendment is capitalized when used. Other terms that are capitalized, and not defined in
this Amendment, shall have the meaning set forth in the Act. Unless the context clearly
indicates otherwise, any term defined in this Amendment that is defined or used in the
singular shall include the plural, and any term defined in this Amendment that is defined
or used in the plural shall include the singular. The words "shall" and "will" are used
interchangeably, and the use of either indicates a mandatory requirement. The use of one
or the other shall not confer a different degree of right or obligation for either Party.
The terms defined in this Amendment have the meanings stated herein for the purpose of
this Amendment only, and not for any other purpose. By agreeing to use the definitions
of terms used in this Amendment, neither Party is conceding the definition of a term for
any other purpose.
(a) "Act" means the Communications Act of 1934 (47 U.C. ~151 et seq.), as
amended and in effect from time to time (including, but not limited to , by the
Telecommunications Act of 1996).
(b) "Applicable Law" means all effective laws and government regulations
rules , decisions and orders applicable to each Party s rights, and performance of its
obligations, under this Amendment and the Interconnection Agreements.
(c) "Applicable Traffic consists of Reciprocal Compensation Traffic
(including, without limitation for purposes of this Amendment and no other purpose
Reciprocal Compensation Traffic originated by MCI UNE-P Customers and terminated
to Verizon Customers, ISP-Bound Traffic (including, for purposes of this Amendment
and for no other purpose, V!FX Traffic that is ISP-Bound Traffic), and Type 1 VOIP
Traffic. Applicable Traffic does not include Reciprocal Compensation Traffic originated
by Verizon Customers and terminated to MCI UNE-P Customers. Applicable Traffic
also does not include Type 2 VOIP Traffic or V!FX Traffic that is not ISP-bound Traffic
each of which types of traffic is subject to applicable switched exchange access tariff
charges; the Parties hereby agree that, as of the Effective Date, they are exchanging only
a de minimis amount of V!FX Traffic that is not ISP-bound Traffic; the Parties further
agree that from time to time, upon written request from either Party, the Parties will
review whether the amount of such V!FX Traffic that is not ISP-bound Traffic exchanged
between them remains de minimis. For the purpose of calculating traffic ratios only, and
not for the purpose of calculating intercarrier compensation
, "
Applicable Traffic" also
includes Reciprocal Compensation Traffic originated by Verizon Customers and
Amendment to VerizonIMCI Interconnection Agreements (December 1 2003)
terminated to MCI UNE-P Customers.
(d) "Central Office Switch" means a switch used to provide
Telecommunications Services, including, but not limited to, an End Office Switch or a
Tandem Switch. A Central Office Switch may also be employed as a combination End
OfficefTandem Office Switch.
(e) "Customer" means a third party residence or business end-user subscriber
to Telephone Exchange Services provided by one of the Parties.
(f) "End Office" or "End Office Switch" means a switching entity that is used
to terminate Customer station loops for the purpose of interconnection to each other and
to trunks.
(g) "
Extended Local Calling Scope Arrangement" means an arrangement that
provides a Customer a local calling scope (Extended Area Service
, "
EAS"), outside of
the Customer basic exchange serving area. Extended Local Calling Scope
Arrangements may be either optional or non-optional. "Optional Extended Local Calling
Scope Arrangement Traffic" is traffic that under an optional Extended Local Calling
Scope Arrangement chosen by the Customer terminates outside of the Customer s basic
exchange serving area.
(h) "Information Access" means the provision of specialized exchange
Telecommunications Services in connection with the origination, termination
transmission, switching, forwarding or routing of Telecommunications traffic to or from
the facilities of a provider of information services, including an Internet service provider.
(i)ISP- Bound Traffic" has the meaning set forth in the Order on Remand.
U) "LERG" or "Local Exchange Routing Guide" means a Te1cordia
Technologies reference containing NP AlNXX routing and homing information.
(k) "NXX" or "NXX Code" means the three-digit switch entity indicator (i.
the first three digits of a seven-digit telephone number).
(1) Order on Remand" is the Federal Communications Commission s Order
on Remand and Report and Order in Implementation of the Local Competition Provisions
in the Telecommunications Act of 1996 Intercarrier Compensation for ISP Bound
Traffic FCC 01-131 , CC Docket Nos. 96-98 and 99-68 (reI. Apr. 27 2001).
(m) "Reciprocal Compensation" means the arrangement for recovering, in
accordance with Section 251 (b)( 5) of the Act, the Order on Remand and other applicable
FCC orders and FCC regulations, costs incurred for the transport and termination of
Reciprocal Compensation Traffic.
(n) "Reciprocal Compensation Traffic consists of Telecommunications
traffic for which compensation is required by both Section 251(b)(5) of the Act and 47
Amendment to VerizonIMCI Interconnection Agreements (December 1 2003)
c.F.R Part 51; and, for the avoidance of any doubt, the following types of traffic, among
others, do not constitute Reciprocal Compensation Traffic: Telecommunications traffic
that is interstate or intrastate Exchange Access, Information Access, or exchange services
for Exchange Access or Information Access; toll traffic, including, but not limited to
calls originated on a 1+ presubscription basis, or on a casual dialed (10XXX/1O1XXXX)
basis; Optional Extended Local Calling Scope Arrangement Traffic; special access
private line, frame relay, ATM, or any other traffic that is not switched by the Receiving
Party; tandem transit traffic; or voice Information Service traffic.
(0) "Switched Exchange Access Service" means the offering of transmission
and switching services for the purpose of the origination or termination of toll traffic.
Switched Exchange Access Services include but may not be limited to: Feature Group A
Feature Group B, Feature Group D, 700 access, 800 access, 888 access and 900 access.
(p) "
Tandem" or "Tandem Switch" means a physical or logical switching
entity that has billing and recording capabilities and is used to connect and switch trunk
circuits between and among End Office Switches and between and among End Office
Switches and carriers' aggregation points , points of termination, or points of presence
and to provide Switched Exchange Access Services.
(q) "
UNE-P" means a combination of a UNE switch port and UNE loop
provided by Verizon pursuant to the requirements of 47 U.c. Section 251(c)(3) and 47
c.F.R. Part 51.
(r) "Virtual Foreign Exchange Traffic" or "V /FX Traffic" means calls placed
over the public switched telephone network or VOIP Traffic , in either case in which a
Customer is assigned a telephone number with an NXX Code (as set forth in the LERG)
associated with an exchange that is different than the exchange (as set forth in the LERG)
associated with the actual physical location of such Customer s station.
(s) "VOIP Traffic" means voice communications, or data communications
other than ISP-Bound Traffic, that are transmitted in whole or in part ov~r packet
switching facilities using Internet Protocol or any similar packet protocol. For purposes
of this Amendment only (and without affecting any other matter), VOIP Traffic shall be
treated as having been generated through provision of a Telecommunications Service
and not an Information Service.
(t) "Wire Center" means a building or portion thereof which serves as the
premises for one or more Central Office Switches and related facilities.
Waiver of Riehts: Successor Terms
(a) Each Party irrevocably waives, with respect to the other Party, any and all
rights that it may have or that it may obtain, from the beginning of time through and
including June 13, 2006 , under the Act (including, but not limited to, under Section 252(i)
thereof), under any other Applicable Law , under the Interconnection Agreements, or
otherwise (i) to adopt the terms of any other interconnection agreement, law, regulation
Amendment to VerizonIMCI Interconnection Agreements (December 1 , 2003)
order, arbitration award or the like relating to the subject matter of this Amendment; or
(ii) to seek through negotiation, arbitration, or otherwise terms or provisions that would
modify, replace, alter or otherwise change the terms and provisions of this Amendment prior
to June 14, 2006. Further, the Parties agree that, if they establish new or replacement
interconnection agreements beyond those set forth in Exhibit A to this Amendment, they
shall implement the terms of this Amendment into such new or replacement interconnection
agreements until such time as this Amendment is superceded in accordance with
subsection (b) directly below. Neither Party hereby waives any other rights accorded to it
under Applicable Law, except to the extent expressly stated in this Amendment. Nothing in
this Amendment should be construed or interpreted as limiting in any way either Party
rights to pursue in any forum regulatory or legislative reform and/or changes to Applicable
Law.
(b) If, by June 14 2006, the Parties have not entered into successor terms and
conditions with respect to the subject matter of this Amendment, then on and as of such
date, the terms of this Amendment shall continue to be in effect until replaced by terms to
which the Parties agree in writing (pursuant to a voluntary agreement or arbitration). On
or after (but no earlier than) February 1, 2006, either Party may initiate, by written notice
to the other Party, renegotiation of successor terms and provisions with respect to the
subject matter of this Amendment. If the Parties are not able to negotiate such successor
terms and provisions by June 14, 2006, either Party may initiate an arbitration under
Section 252 of the Act, or another appropriate action (if applicable), in any and/or all
jurisdictions, upon thirty (30) days written notice, which notice may be given at any time
on or after (but not before) June 14 2006.
Representations and Warranties
(a)Each of the Verizon Parties represents and warrants that:
(i) it is a corporation validly existing and in good standing under the laws
of its state of incorporation, it has all requisite corporate power and authority to execute and
deliver this Amendment, and it has all requisite corporate power and authority to perform its
respective obligations hereunder;
(ii) the execution, delivery and performance of this Amendment by the
Verizon Party will not result in any violation or be in conflict with its charter or by-laws, or
any agreement, order, judgment, decree, statute, rule or regulation applicable to the subject
Verizon Party; and
(iii)this Amendment is a valid and binding agreement of the Verizon
Party.
(b)Each MCI Party represents and warrants that:
(i) it is a corporation or company validly existing and in good standing
under the laws of its state of incorporation, it has all requisite corporate power and authority
Amendment to VerizonIMCI Interconnection Agreements (December 1, 2003)
to execute and deliver this Amendment, and it has all requisite corporate power and
authority to perform its respective obligations hereunder;
(ii) the execution, delivery and performance of this Amendment by the
MCI Party will not result in any violation or be in conflict with its charter or by-laws, or any
agreement, order, judgment, decree, statute, rule or regulation applicable to it; and
(iii)this Amendment is a valid and binding agreement of the MCI Party.
Conflicts.
This Amendment shall amend the terms and provisions of the Interconnection Agreements
only to the extent necessary to give effect to the terms and provisions of this Amendment
and, except to the extent set forth in this Amendment, the terms and provisions of the
Interconnection Agreements shall remain in full force and effect after the Effective Date.
In the event of a conflict between the terms and provisions of this Amendment and the
terms and provisions of the Interconnection Agreements, this Amendment shall govern.
Entire Agreement
This Amendment contains the entire understanding between the Parties pertaining to the
subject matter of the Amendment.
Amendments.
The Parties can amend this Amendment only by a written document signed by each of the
Parties (and/or by an authorized designee (or designees) signing on behalf of one or more
of the Parties).
10.Counterparts.
This Amendment may be executed in counterparts, each of which shall be deemed an
original and all of which together shall constitute one and the same instrument.
11.No Severability
If any provision of this Amendment is held to be invalid or unenforceable under
Applicable Law, such invalidity or unenforceability shall not invalidate the entire
Amendment (unless such construction would be unreasonable), and this Amendment
shall be construed as if it did not contain the invalid or unenforceable provision or
provisions, and the rights and obligations of each Party construed and enforced
accordingly; provided, however the Parties agree that, it would be unreasonable to not
invalidate the entire Amendment if, among other things, one (1) or more portions of
Section l(a) were held to be invalid or unenforceable. If any provision of this
Amendment is held to be invalid or unenforceable under Applicable Law, and it would be
unreasonable to not invalidate the entire Amendment, the Parties shall negotiate in good
Amendment to VerizonIMCI Interconnection Agreements (December 1 2003)
faith respecting an amendment hereto that would preserve, to the fullest extent possible
the respective benefits and burdens imposed on each Party under this Amendment as
originally executed. In the event, and only in the event, that the Parties are unable to
agree on the terms of such amendment within forty five (45) days after such declaration
of invalidity or unenforceability, then either Party, on written notice, may terminate its
obligations contained in this Amendment in the state(s) or jurisdiction(s) in which such
invalidity or unenforceability occurs only, in which event this Amendment shall
thereafter be of no force and effect within such affected jurisdiction(s); in such case
effective from and after the date of receipt of the foregoing notice (without the need for
any further action such as an amendment of the affected Interconnection Agreement(s)),
the provisions, if any, under Applicable Law shall apply to the subject matter of this
Amendment in the affected j urisdiction( s).
12.Joint Work Product
This Amendment is a joint work product, and any ambiguities in this Amendment shall
not be construed by operation of law against either Party.
13.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 provision of this Amendment.
Amendment to VerizonIMCI Interconnection Agreements (December 1 2003)
IN WITNESS WHEREOF, the undersigned have caused this Amendment to be duly
executed and to become effective as of the Effective Date.
B :
The Verizon Parties
By:
Printed: Michael A. Beach Printed:
Title: Vice President Title:
Date: December 12 2003 Date:
Amendment to VerizonIMCI Interconnection Agreements (December 1 2003)
IN WITNESS WHEREOF, the undersigned have caused this Amendment to be duly
executed and to become effective as of the Effective Date.
The MCI Parties The Verizon Parties
By:By:
tf ti. f~A---
Printed::JfFf12H It-- f/l~O,J e J;:Printed:
Date:
Title: Vi Cf P,rz..e;('() ttJT- lIJTC;fLUJtJJJ8U10J~~i CES
Date:Id-/ Id-IO3
Title:
Amendment to Verizon/MCI Interconnection Agreements (December 1 , 2003)
Exhibit A
List of Interconnection Agreements By State
Amendment to VerizonIMCI Interconnection Agreements (December 1, 2003)
Exhibit A
State MCI Affiliate Verizon Affiliate EffectiveDa Unitary Rate
Amendment is:
Brooks Fiber Communications of Bakersfield Inc.Verizon California Inc., f/k/a GTE California Incorporated 3/16/03 Amendment #3
Brooks Fiber Communications of Fresno Inc.Verizon California Inc. f/k/a GTE California Incorporated 3/16/03 Amendment #3
Brooks Fiber Communications of Sacramento Inc.Verizon California Inc., f/k/a GTE California Incorporated 3/16/03 Amendment #3
Brooks Fiber Communications of San Jose Inc.Verizon California Inc. f/k/a GTE California Incorporated 3/16/03 Amendment #3
Brooks Fiber Communications of Stockton Inc.Verizon California Inc. f/k/a GTE California Incorporated 3/16/03 Amendment #3
Intermedia Communications Inc.Verizon California Inc. f/k/a GTE California Incorporated 3/16/03 Amendment #3
MCI WORLDCOM Communications Inc.Verizon California Inc. f/k/a GTE California Incorporated 3/16/03 Amendment #3
MClmetro Access Transmission Services LLC Verizon California Inc. f/k/a GTE California Incorporated 3/16/03 Amendment #3
MClmetro Access Transmission Services LLC Verizon New York Inc., d/b/a Verizon New York, f/k/a New York 4/20/98 Amendment #2
Telephone Company. d/b/a Bell Atlantic-New York
MClmetro Access Transmission Services LLC (as Verizon New York Inc., d/b/a Verizon New York, f/k/a New York 11/8/01 Amendment #1
successor to RhYthms Links Inc.Telephone Company. d/b/a Bell Atlantic-New York
Intermedia Communications Inc.Verizon Washington, DC Inc., f/k/a Bell Atlantic - Washington 2/19/97 Amendment #2
C. Inc.
MCI WORLDCOM Communications Inc.Verizon Washington, DC Inc., f/k/a Bell Atlantic - Washington 9/28/99 Amendment #1
C. Inc.
MCI WORLD COM Communications Inc. (as Verizon Washington, DC Inc., f/k/a Bell Atlantic - Washington 11/28/01 Amendment #1
successor to RhYthms Links Inc.C. Inc.
MClmetro Access Transmission Services LLC Verizon Washington, DC Inc., f/k/a Bell Atlantic - Washington 9/12/97 Amendment #2
C. Inc.
Intermedia Communications Inc.Verizon Delaware Inc. f/k/a Bell Atlantic - Delaware Inc.2/19/97 Amendment #3
MCI WorldCom Communications Inc.Verizon Delaware Inc. f/k/a Bell Atlantic - Delaware Inc.7/16/96 Amendment #3
MClmetro Access Transmission Services LLC Verizon Delaware Inc. f/k/a Bell Atlantic - Delaware Inc.9/12/02 Amendment #1
Intermedia Communications Inc.Verizon Florida Inc. f/k/a GTE Florida Incorcorated 6/19/97 Amendment #2
MClmetro Access Transmission Services LLC Verizon Florida Inc. f/k/a GTE Florida Incorcorated 4/29/99 Amendment #1
Metrooolitan Fiber Systems of Florida Inc.Verizon Florida Inc. f/k/a GTE Florida Incorporated 11/20/96 Amendment #1
MClmetro Access Transmission Services LLC Verizon Hawaii Inc., f/k/a GTE Hawaiian Telephone Company 6/25/03 Amendment #1
Incorporated
MCI WORLDCOM Communications Inc.Verizon Northwest Inc. f/k/a GTE Northwest Incorporated 6/25/03 Amendment #2
MClmetro Access Transmission Services LLC Verizon Northwest Inc. f/k/a GTE Northwest Incorporated 6/25/03 Amendment #2
Intermedia Communications Inc.Verizon North Inc., f/k/a GTE North Incorporated, Verizon South 6/25/03 Amendment #1
Inc. f/k/a GTE South Incorporated
MCI WORLDCOM Communications Inc.Verizon North Inc., f/k/a GTE North Incorporated, Verizon South 6/25/03 Amendment #1
Inc. f/k/a GTE South Incorporated
Intermedia Communications Inc.Verizon North Inc., f/k/a GTE North Incorporated Contel of the 6/3/03 Amendment #1
South Inc. d/b/a Verizon North Systems
MCI WORLDCOM Communications Inc.Verizon North Inc., f/k/a GTE North Incorporated Contel of the 6/3/03 Amendment #1
South Inc. d/b/a Verizon North Systems
MClmetro Access Transmission Services LLC Verizon North Inc., f/k/a GTE North Incorporated Contel of the 6/3/03 Amendment #1
South Inc. d/b/a Verizon North Systems
Brooks Fiber Communications of Massachusetts Verizon New England Inc., d/b/a Verizon Massachusetts, f/k/a New 5/26/00 Amendment #1
Inc.England Telephone and Telegraph Company, d/b/a Bell Atlantic -
Massachusetts
Intermedia Communications Inc.Verizon New England Inc., d/b/a Verizon Massachusetts, f/k/a New 12/9/96 Amendment #1
England Telephone and Telegraph Company, d/b/a Bell Atlantic -
Massachusetts
MCI Worldcom Communications Inc.Verizon New England Inc., d/b/a Verizon Massachusetts, f/k/a New 6/25/99 Amendment #1
England Telephone and Telegraph Company, d/b/a Bell Atlantic -
Massachusetts
MCI WORLDCOM Communications Inc. (as Verizon New England Inc., d/b/a Verizon Massachusetts, f/k/a New 11/29/01 Amendment #1
successor to Rhythms Links Inc.England Telephone and Telegraph Company, d/b/a Bell Atlantic -
Massachusetts
MClmetro Access Transmission Services LLC Verizon New England Inc., d/b/a Verizon Massachusetts, f/k/a New 10/30/98 Amendment #2
England Telephone and Telegraph Company, d/b/a Bell Atlantic -
Massachusetts
Intermedia Communications Inc.Verizon Marvland Inc. f/k/a Bell Atlantic - Marvland Inc.2/19/97 Amendment #2
MCl WORLDCOM Communications Inc.Verizon Marvland Inc. f/k/a Bell Atlantic - Marvland Inc.4/25/00 Amendment #1
MCI WORLDCOM Communications Inc. (as Verizon Maryland Inc., f/k/a Bell Atlantic - Maryland, Inc.11/28/01 Amendment #1
successor to RhYthms Links Inc.
MClmetro Access Transmission Services LLC Verizon Marvland Inc. f/k/a Bell Atlantic - Marvland Inc.4/24/00 Amendment #1
MClmetro Access Transmission Services LLC and Verizon New England Inc., d/b/a Verizon Maine, f/k/a New England 7/17/97 Amendment #2
New England Fiber Communications LLC.Telephone and Telegraph Company, d/b/a Bell Atlantic - Maine
Brooks Fiber Communications of Michioan Inc.Verizon North Inc. f/k/a GTE North Incorcorated 8/13/03 Amendment #1
MCI WORLDCOM Communications Inc.Verizon North Inc. f/k/a GTE North Incorcorated 8/13/03 Amendment #1
MClmetro Access Transmission Services LLC Verizon North Inc. f/k/a GTE North Incorcorated 8/13/03 Amendment #1
Intermedia Communications Inc.Verizon South Inc. f/k/a GTE South Incorcorated 9/15/97 Amendment #1
MCI WORLDCOM Communications Inc.Verizon South Inc. f/k/a GTE South Incorporated 7/16/03 Amendment #2
MClmetro Access Transmission Services LLC Verizon South Inc. f/k/a GTE South Incorporated 8/2/97 Amendment #1
MClmetro Access Transmission Services LLC and Verizon New England Inc., d/b/a Verizon New Hampshire, f/k/a 7/17/97 Amendment #2
New England Fiber Communications L.L.C.New England Telephone and Telegraph Company, d/b/a Bell
Atlantic - New Hampshire
Intermedia Communications Inc. Verizon New Jersev Inc. f/k/a Bell Atlantic - New Jersev. Inc.2/19/97 Amendment #2
MCI WORLDCOM Communications Inc.Verizon New Jersev Inc. f/k/a Bell Atlantic - New Jersev. Inc.9/28/99 Amendment #1
MCI WORLDCOM Communications Inc. (as Verizon New Jersey Inc., f/k/a Bell Atlantic - New Jersey, Inc.11/28/01 Amendment #1
successor to Rhvthms Links Inc.
MClmetro Access Transmission Services LLC Verizon New Jersev Inc. f/k/a Bell Atlantic - New Jersev. Inc.6/26/97 Amendment #2
Brooks Fiber Communications of Nevada Inc.Verizon California Inc. f/k/a GTE California Incorporated 5/30/03 Amendment #1
Intermedia Communications Inc.Verizon California Inc. f/k/a GTE California IncorPorated 5/30/03 Amendment #1
MClmetro Access Transmission Services LLC Verizon California Inc. f/k/a GTE California IncorPorated 5/30/03 Amendment #1
Brooks Fiber Communications of New York Inc.Verizon New York Inc.f/k/a New York Telephone Company 9/21/99 Amendment #2
Intermedia Communications Inc.Verizon New York Inc.f/k/a New York Telephone Compami 11/8/96 Amendment #3
MCI WORLDCOM Communications Inc.Verizon New York Inc. f/k/a New York Telephone Company 6/24/99 Amendment #2
MCI WORLDCOM Communications Inc. (as Verizon New York Inc., f/k/a New York Telephone Company 11/19/01 Amendment #1
successor to Rhvthms Links Inc.
MClmetro Access Transmission Services LLC Verizon New York Inc.f/k/a New York Telephone Company 10/1/97 Amendment #4
Brooks Fiber Communications Inc.Verizon North Inc. f/k/a GTE North IncorPorated 11/4/99 Amendment #1
MCI WORLDCOM Communications Inc.Verizon North Inc. f/k/a GTE North IncorPorated 6/25/03 Amendment #1
MClmetro Access Transmission Services LLC Verizon North Inc. f/k/a GTE North IncorPorated 6/25/03 Amendment #1
MCI WORLD COM Communications Inc.Verizon Northwest Inc. f/k/a GTE Northwest IncorPorated 12/5/01 Amendment #1
MCI WORLD COM Communications Inc. (as Verizon Northwest Inc., f/k/a GTE Northwest Incorporated 11/2B/01 Amendment #1
successor to Rhvthms Links Inc.
MClmetro Access Transmission Services LLC Verizon Northwest Inc. f/k/a GTE Northwest Incorporated 10/8/99 Amendment #1
PAe MCI WorldCom Communications Inc.Verizon Pennsylvania Inc., f/k/a Bell Atlantic - Pennsylvania, Inc.9/28/99 Amendment #1
PAe MCI WORLDCOM Communications Inc. (as Verizon Pennsylvania Inc., f/k/a Bell Atlantic - Pennsylvania, Inc.11/28/01 Amendment #1
successor to Rhvthms Links Inc.
PAe MClmetro Access Transmission Services LLC Verizon Pennsylvania Inc., f/k/a Bell Atlantic - Pennsylvania, Inc.9/3/97 Amendment #3
PAe Pennsylvania Intermedia Communications Inc.Verizon Pennsylvania Inc., f/k/a Bell Atlantic - Pennsylvania, Inc.1/14/97 Amendment #2
Paw MCI WORLD COM Communications Inc. (as Verizon North Inc., f/k/a GTE North Incorporated 11/28/01 Amendment #1
successor to Rhvthms Links Inc.
MClmetro Access Transmission Services LLC and Verizon New England Inc., d/b/a Verizon Rhode Island, f/k/a New 5/22/97 Amendment #2
Brooks Fiber Communications of Rhode Island, Inc.England Telephone and Telegraph Company, d/b/a Bell Atlantic -
Rhode Island
Intermedia Communications Inc.Verizon South Inc. f/k/a GTE South IncorPorated 5/30/03 Amendment #1
MCI WORLDCOM Communications Inc.Verizon South Inc. f/k/a GTE South IncorPorated 5/30/03 Amendment #1
MClmetro Access Transmission Services LLC Verizon South Inc. f/k/a GTE South Incorporated 5/30/03 Amendment #1
Brooks Fiber Communications of Texas, Inc., f/k/a GTE Southwest Incorporated, d/b/a Verizon Southwest 5/21/97 Amendment #1
Metro Access Networks Inc.
Intermedia Communications Inc.GTE Southwest IncorPorated d/b/a Verizon Southwest 3/7/98 Amendment #1
MCI World Com Communications Inc.GTE Southwest Incorporated d/b/a Verizon Southwest 1/13/00 Amendment #1
MCI WORLDCOM Communications Inc. (as GTE Southwest Incorporated, d/b/a Verizon Southwest 11/1/01 Amendment #1
successor to Rhvthms Links Inc.
MClmetro Access Transmission Services LLC GTE Southwest IncorPorated d/b/a Verizon Southwest 4/22/97 Amendment #1
VAe Intermedia Communications Inc.Verizon Virainia Inc. f/k/a Bell Atlantic - Virainia Inc.2/19/97 Amendment #3
VAe MCI WORLDCOM Communications of Virginia Inc.Verizon Virginia Inc. f/k/a Bell Atlantic - Virginia, Inc.
VAe MClmetro Access Transmission Services of Verizon Virginia Inc. f/k/a Bell Atlantic - Virginia, Inc.
Virainia Inc.
VAe MCI WORLDCOM Communications Inc. (as Verizon Virginia Inc. f/k/a Bell Atlantic - Virginia, Inc.11/28/01 Amendment #1
successor to Rhvthms Links Inc.
VAw MCI WORLDCOM Communications of Virginia Inc.Verizon South Inc., f/k/a GTE South Incorporated 5/12/97 Amendment #1
VAw MClmetro Access Transmission Services of Verizon South Inc., f/k/a GTE South Incorporated 9/16/98 Amendment #1
Virainia Inc.
MClmetro Access Transmission Services LLC Verizon New England Inc., d/b/a Verizon Vermont, f/k/a New 10/IB/02 Amendment #1
England Telephone and Telegraph Company, d/b/a Bell Atlantic -
Vermont
MCI WORLDCOM Communications Inc.Verizon Northwest Inc. f/k/a GTE Northwest IncorPorated 12/31/03 Amendment #1
MCI WORLDCOM Communications Inc. (as Verizon Northwest Inc., f/k/a GTE Northwest Incorporated 11/30/01 Amendment #1
successor to Rhvthms Links Inc.
MClmetro Access Transmission Services LLC Verizon Northwest Inc. f/k/a GTE Northwest IncorPorated 12/31/03 Amendment #1
Intermedia Communications Inc.Verizon North Inc. f/k/a GTE North IncorPorated 6/25/03 Amendment #1
MClmelro Access Transmission Services LLC Verizon North Inc. f/k/a GTE North Incoroorated 6/25/03 Amendment #1
Intermedia Communications Inc. Verizon West Virginia Inc., f/k/a Bell Atlantic - West Virginia, Inc.2/19/97 Amendment #2
MClmetro Access Transmission Services LLC Verizon West Virginia Inc., f/k/a Bell Atlantic - West Virginia, Inc.9/3/9B Amendment #2
Exhibit B
Part 1 : For the period beginning on the Effective Date and ending on June 13 2004, the
blended rate (before application of the rate cap) shall be determined as follows:
Beginning with the most recent monthly traffic volumes available to the Verizon
Parties as of October 1 , 2003 for the MCI Parties exchanging traffic pursuant to
this Amendment (or, in the case of an adoption of the terms set forth in this
Amendment, the monthly traffic volumes for the adopting parties), calculate total
surrogate compensation payable to the MCI Parties (in the aggregate) for that
month (the "Baseline Month"), using the following assumptions: (i) in the
District of Columbia, Massachusetts and Virginia (former GTE), ISP-Bound
Traffic is exchanged on a bill-and-keep basis; (ii) in California, Florida
Michigan, Maine, Maryland, New Hampshire, New Jersey, New York, North
Carolina, Oregon, Pennsylvania, Rhode Island, Texas, Virginia (former Bell
Atlantic) and Washington, ISP-Bound Traffic is exchanged at the interim rate of
0007 per MOU, as set forth in the Order on Remand; (iii) in all other states
ISP-Bound Traffic is exchanged at the pre-Amendment Reciprocal
Compensation, Local Traffic Termination, or equivalent rates set forth in the
relevant Interconnection Agreements; (iv) in all states, Reciprocal Compensation
Traffic is exchanged at the pre-Amendment Reciprocal Compensation, Local
Traffic Termination, or equivalent rates set forth in the relevant Interconnection
Agreements; and (v) in all states (except Massachusetts), it is assumed that all
traffic above a 3: 1 ratio of terminating to originating traffic is ISP-Bound Traffic
(in Massachusetts, such assumption applying to all traffic above a 2: 1 ratio).
Applying the foregoing assumptions, the blended rate before application of the
rate cap (which cap is $.00165 per MOU for this period) is determined by taking
total surrogate compensation, and dividing that figure by the total MOUs billed by
the MCI Parties during the Baseline Month.
Part 2 : For the period beginning three (3) years from the effective date of the Order on
Remand (that is, on June 14 2004) and ending on June 13 2005, the blended rate (before
application of the rate cap) shall be determined as follows:
Beginning with the monthly traffic volumes for the Baseline Month for the MCI
Parties exchanging traffic pursuant to this Amendment (or, in the case of an
adoption of the terms set forth in this Amendment, the monthly traffic volumes
for the adopting parties), calculate total surrogate compensation payable to the
MCI Parties (in the aggregate) for the Baseline Month, using the following
assumptions: (i) in the District of Columbia, Massachusetts and Virginia (former
GTE), ISP-Bound Traffic is exchanged on a bill-and-keep basis; (ii) in all other
states, ISP-Bound Traffic is exchanged at the interim rate of $.0007 per MOU, as
set forth in the Order on Remand; (iii) in all states, Reciprocal Compensation
Traffic is exchanged at the pre-Amendment Reciprocal Compensation, Local
Amendment to VerizonIMCI Interconnection Agreements (December 1 , 2003)
Traffic Termination, or equivalent rates set forth in the relevant Interconnection
Agreements; and (iv) in all states (except Massachusetts), it is assumed that all
traffic above a 3:1 ratio of terminating to originating traffic is ISP-Bound Traffic
(in Massachusetts, such assumption applying to all traffic above a 2: 1 ratio).
Applying the foregoing assumptions, the blended rate before application of the
rate cap (which cap is $.0012 per MOU for this period) is determined by taking
total surrogate compensation, and dividing that figure by the total MOUs billed by
the MCI Parties during the Baseline Month.
Part 3: For the period beginning four (4) years from the effective date of the Order on
Remand (that is, on June 14 2005) and ending on June 13 2006, the blended rate (before
application of the rate cap) shall be determined as follows:
Beginning with the monthly traffic volumes for the Baseline Month for the MCI
Parties exchanging traffic pursuant to this Amendment (or, in the case of an
adoption of the terms set forth in this Amendment, the montWy traffic volumes
for the adopting parties), calculate total surrogate compensation payable to the
MCI Parties (in the aggregate) for the Baseline Month, using the following
assumptions: (i) in the District of Columbia, Massachusetts and Virginia (former
GTE), ISP-Bound Traffic is exchanged on a bill-and-keep basis; (ii) in all other
states, ISP-Bound Traffic is exchanged at the interim rate of $.0007 per MOU, as
set forth in the Order on Remand; (iii) in all states, Reciprocal Compensation
Traffic is exchanged at the pre-Amendment Reciprocal Compensation, Local
Traffic Termination, or equivalent rates set forth in the relevant Interconnection
Agreements; and (iv) in all states (except Massachusetts), it is assumed that all
traffic above a 3: 1 ratio of terminating to originating traffic is ISP-Bound Traffic
(in Massachusetts, such assumption applying to all traffic above a 2: 1 ratio).
Applying the foregoing assumptions, the blended rate before application of the
rate cap (which cap is $.0007 per MOU for this period) is determined by taking
total surrogate compensation, and dividing that figure by the total MOUs billed by
the MCI Parties during the Baseline Month.
Amendment to VerizonIMCI Interconnection Agreements (December 1 , 2003)
Exhibit C
LA T As, Among Others, In Which, As Of The Effecti ve Date, Verizon Has Fewer Than
Two (2) Tandems
LATA
Amendment to VerizonIMCI Interconnection Agreements (December 1 2003)
12/12/2003
Verizon
East
LATAs
with One
Tandem
STATE LATA SWITCH CLL!SWITCH NAME
126 SPFDMAWO01T SPRINGFIELD TANDEM
120 PTLDMEFO03T PORTLAND TANDEM
222 CMDNNJCE05T CAMDEN TANDEM
220 PSVLNJPL2GT PLEASANTVILLE TANDEM
134 ALBYNYSS50T ALBANY STATE TANDEM
140 BFLONYFR50T BUFFALO FRANKLIN ST TANDEM
138 BNGHNYHY20T BINGHAMTON TANDEM
133 PGHKNYSH81T POUGHKEEPSIES S HAMILTON TDM
226 HRBGPAHA72T HARRISBURG TANDEM
130 PRVDRIWA06T WASHINGTON STREET TANDEM
252 NRFL V ABS52T NORFOLK TANDEM
12/12/2003
Verizon
West
LATAs
with One
Tandem
STATE LATA SWITCH CLL!SWITCH NAME
722 CRCYCAXF03T CRESCENT CITY TANDEM
728 SNGRCAXF87T SANGER TANDEM
738 MNTCCAXG82T MANTECA TANDEM
740 SNBBCAXF83T SANTA BARBARA TANDEM
973 PLSPCAXG88T PALM SPRINGS TANDEM
960 CRAll DXX03T COEUR D ALENE TANDEM
360 FRPTILXA50T FREEPORT TANDEM
364 DKLBILXA50T DEKALB TANDEM
376 JCVLlLXC50T JACKSONVILLE TANDEM
977 MCMBILXD50T MACOMB TANDEM
330 JSPRINXA02T JASPER TANDEM
334 FTWYINXA35T FORT WAYNE TANDEM
338 SYMRINXA02T SEYMOUR TANDEM
937 RCMDINXB05T RICHMOND TANDEM
938 TRRHINXA04T TERRE HAUTE TANDEM
340 ADRNMIXG45T ADRIAN TANDEM
420 SYL VNCXA02T SYLVA TANDEM
426 DRHMNCXM01 T DURHAM TANDEM
720 GRDVNVXA26T GARDNERVILLE TANDEM
320 OBRLOHXA01T OBERLIN TANDEM
670 CSBYORXX03T COOS BAY TANDEM
230 JHTWPAXJ71T JOHNSTOWN TANDEM
432 MYBHSCAF1 GT MYRTLE BEACH TANDEM
564 PTL VTXXA02T PORT LAVACA TANDEM
566 FRBGTXXA02T FREDERICKSBURG TANDEM
570 BRYNTXXA02T BRYAN TANDEM
252 GRBRVAXAO1T GREAT BRIDGE TANDEM
927 HRBGVAXA03T HARRISON BURG TANDEM
354 DGVLWIXA31T DODGEVILLE TANDEM
356 PLMOWIXA31T PLYMOUTH TANDEM
350 WAUSWIXA51T WAUSAU TANDEM